The Value Added Tax (Buildings and Land) Order 1991

7.  After paragraph 6 of Schedule 6A to the Value Added Tax Act 1983 there shall be inserted the following paragraph—

“6A.— (1) Where a developer is a tenant, lessee or licensee and becomes liable to a charge to tax under paragraph 6(1) above in respect of his tenancy, lease or licence he shall notify forthwith in writing his landlord, lessor or licensor (as the case may be)—

(a) of the date from which the tenancy, lease or licence becomes a developmental tenancy, developmental lease or developmental licence for the purposes of paragraph (aa) of item 1 of Group 1 of Schedule 6 to this Act;

(b) in a case falling within paragraph 5(8)(a)(ii) above, of the appropriate fraction determined in accordance with paragraph 6(6) above.

(2) Where the appropriate fraction has been notified in accordance with subparagraph (1)(b) above, any supply made pursuant to the tenancy, lease or licence in question shall be treated as made pursuant to a developmental tenancy, developmental lease or developmental licence (a developmental supply) as if, and only to the extent that, the consideration for the developmental supply is for an amount equal to the whole of the consideration for the supply made pursuant to the tenancy, lease or licence, multiplied by the appropriate fraction.”.