SCHEDULES

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

F1Shared ownership trust: introduction

Annotations:
Amendments (Textual)
F1

Sch. 9 paras. 7-11 and cross-headings inserted (with effect in accordance with s. 77(2) of the amending Act) by Finance Act 2007 (c. 11), s. 77(1)

7

1

In this Schedule “shared ownership trust” means a trust of land, within the meaning of section 1 of the Trusts of Land and Appointment of Trustees Act 1996, which satisfies the following conditions.

2

Condition 1 is that the trust property is—

a

a dwelling, and

b

in England F9or Wales.

3

Condition 2 is that one of the beneficiaries (“the social landlord”) is a qualifying body F3....

4

Condition 3 is that the terms of the trust—

a

provide for one or more of the individual beneficiaries (“the purchaser”) to have exclusive use of the trust property as the only or main residence of the purchaser,

b

require the purchaser to make an initial payment to the social landlord (“the initial capital”),

c

require the purchaser to make additional payments to the social landlord by way of compensation under section 13(6)(a) of the Trusts of Land and Appointment of Trustees Act 1996 (“rent-equivalent payments”),

d

enable the purchaser to make other additional payments to the social landlord (“equity-acquisition payments”),

e

determine the initial beneficial interests of the social landlord and of the purchaser by reference to the initial capital,

f

specify a sum, equating or relating to the market value of the dwelling, by reference to which the initial capital was calculated, and

g

provide for the purchaser's beneficial interest in the trust property to increase, and the social landlord's to diminish (or to be extinguished), as equity-acquisition payments are made.

5

Section 118 (meaning of “market value”) does not apply to this paragraph.

6

In Condition 1 “dwelling” includes—

a

a building which is being constructed or adapted for use as a dwelling,

b

land which is to be used for the purpose of the construction of a dwelling, and

c

land which is, or is to become, the garden or grounds of a dwelling.

F27

In Condition 2 “qualifying body” means—

a

a qualifying body within the meaning of paragraph 5(2)(a) to (f), or

b

a F4private registered provider of social housing within paragraph 5(2)(g) (subject to sub-paragraph (8)).

8

A F5private registered provider of social housing within paragraph 5(2)(g) (“R”) is only a qualifying body in relation to a shared ownership trust if the following has been or is being funded with the assistance of a grant or other financial assistance F7made or given under section 19 of the Housing and Regeneration Act 2008 F8or by the Greater London Authority

a

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

b

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

9

F6Section 1122 of the Corporation Tax Act 2010 (connected persons) has effect for the purposes of sub-paragraph (8).