5(1)Paragraph 6 below shall apply on the first occasion during the period beginning with the day when the construction of a building or work within sub-paragraph (2) below is first planned and ending ten years after the completion of the building or work on which a person who is a developer in relation to the building or work-
(a)grants an interest in, right over or licence to occupy the building or work (or any part of it) which is an exempt supply; or
(b)is in occupation of the building, or uses the work, (or any part of it) when not a fully taxable person (or, if a person treated under section 29 of this Act as a member of a group, when the representative member is not a fully taxable person).
(2)Subject to sub-paragraph (3) below, the buildings and works within this sub-paragraph are-
(a)any building neither designed as a dwelling or number of dwellings nor intended for use solely for a relevant residential purpose or a relevant charitable purpose; and
(b)any civil engineering work, other than a work necessary for the development of a permanent park for residential caravans.
(3)A building or work is not within sub-paragraph (2) above if-
(a)construction of it was commenced before 1st August 1989; or
(b)a grant of the fee simple in it which falls within paragraph (a)(ii) or (iv) of item 1 of Group 1 of Schedule 6 to this Act has been made before the occasion concerned.
(4)For the purposes of this paragraph a taxable person is, in relation to any building or work, a fully taxable person throughout a prescribed accounting period if-
(a)at the end of that period he is entitled to credit for input tax on all supplies to, and importations by, him in the period (apart from any on which input tax is excluded from credit by virtue of section 14(10) of this Act); or
(b)the building or work is not used by him at any time during the period in, or in connection with, making any exempt supplies of goods or services.
(5)Subject to sub-paragraph (6) below, in this paragraph and paragraph 6 below “developer”, in relation to a building or work, means any person who-
(a)constructs it;
(b)orders it to be constructed; or
(c)finances its construction,
with a view to granting an interest in, right over or licence to occupy it (or any part of it) or to occupying or using it (or any part of it) for his own purposes.
(6)Where—
(a)a body corporate treated under section 29 of this Act as a member of a group is a developer in relation to a building or work; and
(b)it grants an interest in, right over or licence to occupy the building or work (or any part of it) to another body corporate which is treated under that section as a member of the group,
then, for the purposes of this paragraph and paragraph 6 below, as from the time of the grant any body corporate such as is mentioned in sub-paragraph (7) below shall be treated as also being a developer in relation to the building or work.
(7)The bodies corporate referred to in sub-paragraph (6) above are any which under section 29 of this Act-
(a)was treated as a member of the same group as the body corporate making the grant at the time of the grant;
(b)has been so treated at any later time when the body corporate by which the grant was made had an interest in, right over or licence to occupy the building or work (or any part of it); or
(c)has been treated as a member of the same group as a body corporate within paragraph (a) or (b) above or this paragraph at a time when that body corporate had an interest in, right over or licence to occupy the building or work (or any part of it).
Modifications etc. (not altering text)
C1Sch. 6A paras. 5, 6 excluded by Finance Act 1989 (c. 26, SIF 40:2), s. 18, Sch. 3 para. 13(6)