SCHEDULES

C1SCHEDULE 9Stamp duty land tax: right to buy, shared ownership leases etc

Annotations:
Modifications etc. (not altering text)
C1

Sch. 9 modified (temp.) (22.7.2020) by Stamp Duty Land Tax (Temporary Relief) Act 2020 (c. 15), s. 1 (as amended (10.6.2021) by 2021 c. 26, s. 87(2))

Shared ownership leases: meaning of “qualifying body” and “preserved right to buy”

5

1

This paragraph has effect for the purposes of paragraphs F12, 4 and 4A (shared ownership leases: election as to basis of taxation).

2

A “qualifying body” means—

a

a local housing authority within the meaning of the Housing Act 1985 (c. 68);

b

a housing association within the meaning of—

i

the Housing Associations Act 1985 (c. 69), or

ii

Part 2 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15));

c

a housing action trust established under Part 3 of the Housing Act 1988 (c. 50);

d

the Northern Ireland Housing Executive;

F2e

the Homes and Communities Agency;

F8ea

the Greater London Authority so far as exercising its housing or regeneration functions or its new towns and urban development functions;

f

a development corporation established by an order made, or having effect as if made, under the New Towns Act 1981 (c. 64).

F4g

a F5private registered provider of social housing that is not within paragraph (b) (subject to sub-paragraph (2A)).

F32A

A F6private registered provider of social housing within sub-paragraph (2)(g) (“R”) is only a qualifying body in relation to a lease of premises if the following has been funded with the assistance of a grant or other financial assistance F9made or given under section 19 of the Housing and Regeneration Act 2008 F10or by the Greater London Authority —

a

the purchase or construction of the premises by R (or a person connected with R), or

b

the adaptation of the premises by R (or a person connected with R) for use as a dwelling.

2B

F7Section 1122 of the Corporation Tax Act 2010 (connected persons) has effect for the purposes of sub-paragraph (2A).

3

A lease is granted “in pursuance of the preserved right to buy” if—

a

the vendor is a person against whom the right to buy under Part 5 of the Housing Act 1985 is exercisable by virtue of section 171A of that Act (preservation of right to buy on disposal to private sector landlord),

b

the lessee is, or lessees are, the qualifying person for the purposes of the preserved right to buy, and

c

the lease is of a dwelling that is the qualifying dwelling-house in relation to the purchaser.