24 May 2017
397.Paragraph 8(1) provides the conditions under which a charity (“C”) which is not a qualifying charity is eligible for partial relief under paragraphs 6 and 7. These are where:
C is acquiring land jointly as tenants in common with a non-charity;
C is not a qualifying charity;
the partial relief provisions would apply if C were a qualifying charity; and
C intends to hold the greater part of its share in the property for qualifying charitable purposes.
398.Where paragraph 7 (withdrawal of partial relief) applies, sub-paragraph (2) provides that a disqualifying event includes:
any transfer by C of a major interest in the whole or any part of the subject-matter of the relevant transaction; and
any grant by C at a premium of a low-rental lease of the whole or any part of that subject-matter.
399.Paragraph 7 is subject to modifications.