SCHEDULE 10 Buildings and land
Developers of certain non-residential buildings etc.
5
F1(1)
Paragraph 6 below shall apply—
(a)
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 10 years after the completion of the building or work on which a person who is a developer in relation to the building or work—
(i)
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
(ii)
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 43 as a member of a group when the representative member is not a fully taxable person); or
(b)
if construction commenced before 1st March 1995 and the period referred to in paragraph (a) above has not then expired, on 1st March 1997;
whichever is the earlier.
(2)
Subject to sub-paragraph (3) F2and (3A) 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 F3or after 28th February 1995; 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 9 has been made before the occasion concerned.
F4(3A)
A building or work which would, apart from this sub-paragraph, fall within sub-paragraph (2) above is not within that sub-paragraph if—
(a)
construction of it was commenced before 1st March 1995 but had not been completed by that date; and
(b)
the developer—
(i)
makes no claim after that date to credit for input tax, entitlement to which is dependent upon his being treated in due course as having made a supply by virtue of paragraph 6 below; and
(ii)
has made no such claim prior to that date; or
(iii)
accounts to the Commissioners for a sum equal to any such credit that has previously been claimed.
(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 F5acquisitions and importations by, him in the period (apart from any on which input tax is excluded from credit by virtue of section 25(7); 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)
order 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 43 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 43—
(a)
was treated as a member of the same group as the body corporate making the grant at the time of the grant; or
(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).
(8)
Subject to sub-paragraph (10) below, F6sub-paragraphs (1), (2) and (3A) to (7)above shall apply in relation to any of the following reconstructions, enlargements or extensions—
(a)
a reconstruction, enlargement or extension of an existing building which is commenced on or after 1st January 1992 F7and before 1st March 1995 and—
(i)
which is carried out wholly or partly on land (hereafter referred to as new building land) adjoining the curtilage of the existing building, or
(ii)
as a result of which the gross external floor area of the reconstructed, enlarged or extended building (excluding any floor area on new building land) exceeds the gross external floor area of the existing building by not less than 20 per cent. of the gross external floor area of the existing building;
(b)
a reconstruction of an existing building which is commenced on or after 1st January 1992 F7and before 1st March 1995 and in the course of which at least 80 per cent. of the area of the floor structures of the existing building are removed;
(c)
a reconstruction, enlargement or extension of a civil engineering work which is commenced on or after 1st January 1992 F7and before 1st March 1995and which is carried out wholly or partly on land (hereafter referred to as new land) adjoining the land on or in which the existing work is situated,
as if references to the building or work were references to the reconstructed, enlarged or extended building or work and as if references to construction were references to reconstruction, enlargement or extension.
(9)
For the purposes of sub-paragraph (8)(a) above, extensions to an existing building shall include the provision of any annex having internal access to the existing building.
(10)
Sub-paragraphs (1) and (2) and F8sub-paragraphs (3A) to (7) above shall not apply to a reconstruction, enlargement or extension—
(a)
falling within sub-paragraph (8)(a)(i) or (ii) or (c) above where the developer has held an interest in at least 75 per cent. of all of the land on which the reconstructed, enlarged or extended building or work stands, or is constructed, throughout the period of 10 years ending with the last day of the prescribed accounting period during which the reconstructed, enlarged or extended building or work becomes substantially ready for occupation or use; or
(b)
to the extent that it falls within sub-paragraph (8)(a)(ii) above or falling within sub-paragraph (8)(b) above, where the interest in, right over or licence to occupy the building concerned (or any part of it) has already been treated as supplied to and by the developer under paragraph 6(1) below.