Taxation of Chargeable Gains Act 1992

218 Disposals of land between the [F1 Regulator of Social Housing,] [F2 the Secretary of State] or Scottish Homes and housing associations. U.K.

(1) Where—

(a) in accordance with a scheme approved under section 5 of the M1 Housing Act 1964 or paragraph 5 of Schedule 7 to the M2 Housing Associations Act 1985[F3 , or in accordance with a requirement imposed under section 253 of the Housing and Regeneration Act 2008,], [F4 the Regulator of Social Housing] acquires from a housing association the association’s interest in all the land held by the association for carrying out its objects, or

(b) after [F4 the Regulator of Social Housing] has so acquired from a housing association all the land so held by it [F5 the Regulator] disposes to a single housing association of the whole of that land (except any part previously disposed of or agreed to be disposed of otherwise than to a housing association), together with all related assets,

then both parties to the disposal of the land to or, as the case may be, by [F4 the Regulator of Social Housing] shall be treated for the purposes of corporation tax in respect of chargeable gains as if the land and any related assets disposed of therewith (and each part of that land and those assets) were acquired from the party making the disposal for a consideration of such an amount as would secure that on the disposal neither a gain nor a loss accrued to that party.

(2) In subsection (1) above, “housing association” has the same meaning as in the M3 Housing Associations Act 1985, and “related assets” means, in relation to an acquisition of land by [F4 the Regulator of Social Housing], assets acquired by [F5 the Regulator] in accordance with the same scheme as that land, and in relation to a disposal of land by [F4 the Regulator of Social Housing], assets held by [F5 the Regulator] for the purposes of the same scheme as that land.

(3) This section shall also have effect with the substitution of the words [F6 “the Secretary of State”] for the words “[F4 the Regulator of Social Housing]” and “[F5 the Regulator]” in each place where they occur.

(4) This section shall also have effect with the substitution of the words “ Scottish Homes ” for the words “[F4 the Regulator of Social Housing]” and “[F5 the Regulator]” in each place where they occur.

Textual Amendments

F1 Words in s. 218 heading substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 9 para. 17(5); S.I. 2010/862, art. 2 (with Sch.)

F2 Words in s. 218 heading substituted (1.11.1998) by Government of Wales Act 1998 (c. 38), ss. 140, 158(1), Sch. 16 para. 80; S.I. 1998/2244, art. 5

F3 Words in s. 218(1)(a) inserted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 9 para. 17(4); S.I. 2010/862, art. 2 (with Sch.)

F4 Words in s. 218 substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 9 para. 17(2); S.I. 2010/862, art. 2 (with Sch.)

F5 Words in s. 218 substituted (1.4.2010) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 9 para. 17(3); S.I. 2010/862, art. 2 (with Sch.)

F6 Words in s. 218(3) substituted (1.11.1998) by Government of Wales Act 1998 (c. 38), ss. 140, 158(1), Sch. 16 para. 78; S.I. 1998/2244, art. 5

Modifications etc. (not altering text)

C1 S. 218 modified (E.W.) (1.12.2008) by The Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 (S.I. 2008/2839), arts. 1(1), 3, Sch. para. 1 (with art. 6)

Marginal Citations

M1 1964 c. 56.

M2 1985 c. 69.

M3 1985 c. 69.