PART 2THE TAX AND KEY CONCEPTS

CHAPTER 3PARTICULAR TRANSACTIONS

Substantial performance

I114Meaning of substantial performance

1

A contract is substantially performed for the purposes of this Act when—

a

the buyer, or a person connected with the buyer, takes possession of the whole, or substantially the whole, of the subject-matter of the contract, or

b

a substantial amount of the consideration is paid or provided.

2

For the purposes of subsection (1)(a)—

a

possession includes receipt of rents and profits or the right to receive them, and

b

it is immaterial whether possession is taken under the contract or under a licence or lease of a temporary character or a tenancy at will.

3

For the purposes of subsection (1)(b), a substantial amount of the consideration is paid or provided—

a

if none of the consideration is rent, when the whole or substantially the whole of the consideration is paid or provided;

b

if the only consideration is rent, when the first payment of rent is made;

c

if the consideration includes both rent and other consideration, when the first of the following events occurs—

i

the whole or substantially the whole of the consideration other than rent is paid or provided, or

ii

the first payment of rent is made.