SCHEDULES
F3SCHEDULE 10 BUILDINGS AND LAND
PART 1THE OPTION TO TAX LAND
Supplementary provisions
31Timing of grant and supplies
1
This paragraph applies if—
a
an option to tax is exercised in relation to any land,
b
a grant in relation to the land would otherwise be taken to have been made (whether in whole or in part) before the time when the option has effect, and
c
the grant gives rise to supplies which are treated for the purposes of this Act as taking place after that time.
2
For the purposes of this Part of this Schedule, the option to tax has effect, in relation to those supplies, as if the grant had been made after that time.
32Supplies in relation to a building where part designed or intended for residential or charitable use and part designed or intended for other uses
Note (10) of Group 5 of Schedule 8 applies for the purposes of this Part of this Schedule.
33Definitions in Schedules 8 or 9 that are applied for the purposes of this Schedule
In this Part of this Schedule, references to the expressions listed in the first column are to be read in accordance with the provisions listed in the second column—
Expression | Provision |
|---|---|
building designed or adapted for use as a dwelling or a number of dwellings | Note (2) to Group 5 of Schedule 8 |
completion of a building | Note (2) to Group 1 of Schedule 9 |
construction of a building | Notes (16) to (18) to Group 5 of Schedule 8 (but see paragraph 27(6) of this Schedule) |
construction of a building intended for use as a dwelling or a number of dwellings | Note (3) to Group 5 of Schedule 8 |
grant | Note (1) to Group 5 of Schedule 8/ Notes (1) and (1A) to Group 1 of Schedule 9 |
use for a relevant charitable purpose | Notes (6) and (12) to Group 5 of Schedule 8 |
use for a relevant residential purpose | Notes (4), (5) and (12) to Group 5 of Schedule 8 (but see paragraphs 6(9) and 10(4) of this Schedule) |
34Other definitions etc
1
In this Part of this Schedule—
“notification” means written notification, and
“permission” means written permission.
2
F42A
For the purposes of this Part of this Schedule, a company is not connected with another company only because both are under the control of—
a
the Crown,
b
a Minister of the Crown,
c
a government department, or
d
a Northern Ireland department.
2B
In sub-paragraph (2A) “company” and “control” have the same meaning as in section 839 of the Taxes Act.
3
Any reference in any provision of this Part of this Schedule to a public notice is to a notice published by the Commissioners for the purposes of that provision.
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)