SCHEDULES
F1SCHEDULE 10 BUILDINGS AND LAND
PART 1THE OPTION TO TAX LAND
Anti-avoidance
14Meaning of “development financier”
1
This paragraph explains for the purposes of paragraphs 12 to 17 what is meant, in relation to the grantor of any land, by a development financier.
2
A “development financier” means a person who—
a
has provided finance for the grantor’s development of the land, or
b
has entered into any arrangement to provide finance for the grantor’s development of the land,
with the intention or in the expectation that the land will become exempt land or continue (for a period at least) to be exempt land.
3
For the purposes of this paragraph references to finance being provided for the grantor’s development of the land are to doing (directly or indirectly) any one or more of the following—
a
providing funds for meeting the whole or any part of the cost of the grantor’s development of the land,
b
procuring the provision of such funds by another,
c
providing funds for discharging (in whole or in part) any liability that has been or may be incurred by any person for or in connection with the raising of funds to meet the cost of the grantor’s development of the land, and
d
procuring that any such liability is or will be discharged (in whole or in part) by another.
4
For the purposes of this paragraph references to providing funds for a particular purpose are to—
a
the making of a loan of funds that are or are to be used for that purpose,
b
the provision of any guarantee or other security in relation to such a loan,
c
the provision of any of the consideration for the issue of any shares or other securities issued wholly or partly for raising those funds,
d
the provision of any consideration for the acquisition by any person of any shares or other securities issued wholly or partly for raising those funds, or
e
any other transfer of assets or value as a consequence of which any of those funds are made available for that purpose.
5
For the purposes of this paragraph references to the grantor’s development of the land are to the acquisition by the grantor of the asset which—
a
consists in the land or a building or part of a building on the land, and
b
is, or (as the case may be) was intended or expected to be, a relevant capital item in relation to the grantor (within the meaning of paragraph 13).
6
For this purpose the reference to the acquisition of the asset includes—
a
its construction or reconstruction, and
b
the carrying out in relation to it of any other works by reference to which it is, or was intended or expected to be, a relevant capital item (within the meaning of paragraph 13).
7
In this paragraph “arrangement” means any agreement, arrangement or understanding (whether or not legally enforceable).
Sch. 10 substituted (with effect in accordance with art. 1(2) of the amending S.I.) by The Value Added Tax (Buildings and Land) Order 2008 (S.I. 2008/1146), arts. 1(1), 2 (with Sch. 2)