Part 4Stamp duty land tax
Reliefs
71Certain acquisitions by F1registered providers of social housing etc
F2A1
A land transaction under which the purchaser is a profit-making registered provider of social housing is exempt from charge if the transaction is funded with the assistance of a public subsidy.
(1)
A land transaction under which the purchaser is a F3relevant housing provider is exempt from charge if—
F4(a)
the purchaser is a non-profit registered provider of social housing controlled by its tenants,
(b)
the vendor is a qualifying body, or
(c)
the transaction is funded with the assistance of a public subsidy.
F5(1A)
In this section “relevant housing provider” means—
(a)
a non-profit registered provider of social housing, F6...
F7(b)
a housing association registered in the register maintained under Article 14 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15)), or
(c)
an English local authority that is a registered provider of social housing.
(2)
“Board member”, in relation to a F8non-profit registered provider of social housing, means—
(a)
if it is a company, a director of the company,
(b)
if it is a body corporate whose affairs are managed by its members, a member,
(c)
if it is body of trustees, a trustee,
(d)
if it is not within paragraphs (a) to (c), a member of the committee of management or other body to which is entrusted the direction of the affairs of the F8non-profit registered provider of social housing.
(3)
In subsection (1)(b) “qualifying body” means—
(a)
a F9relevant housing provider,
F10(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
a principal council within the meaning of the Local Government Act 1972 (c. 70),
(d)
the Common Council of the City of London,
F11(e)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(g)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(h)
the Department for Communities in Northern Ireland, or
(i)
the Northern Ireland Housing Executive.
(4)
In F13this section “public subsidy” means any grant or other financial assistance—
(a)
made or given by way of a distribution pursuant to section 25 of the National Lottery etc. Act 1993 (c. 39) (application of money by distributing bodies),
F14(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
under section 126 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (financial assistance for regeneration and development),
F15(ca)
under section 19 of the Housing and Regeneration Act 2008 (financial assistance by the Homes and Communities Agency),
F16(cb)
made or given by the Greater London Authority,
F17(d)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
(e)
under Article 33 F18or 33A of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15)).
F19(5)
In this section “public subsidy” also means F20—
(a)
any amount that is receipts of the disposal of social housing, provided the purchaser is entitled to use the amount for the purpose of the provision of social housing, or
(b)
any grant under section 31 of the Local Government Act 2003 (grants towards expenditure incurred or to be incurred by local authorities) towards expenditure incurred or to be incurred on the provision of social housing F21....
F22(6)
In subsection (5) “social housing” has the meaning it has in Part 2 of the Housing and Regeneration Act 2008 (see, in particular, section 68 of that Act).
(7)
In this section “English local authority” means—
(a)
a principal council within the meaning of the Local Government Act 1972, or
(b)
the Common Council of the City of London.