PART 2Residential property developer tax

Key concepts

34Meaning of “residential property developer”

1

A company is a residential property developer (“RP developer”) for the purposes of this Part if—

a

the company carries on residential property development activities, or

b

the company, or the company together with any other company which is a member of the same group as it, has or have a substantial interest in a relevant joint venture company.

2

See section 40 for the meaning of “relevant joint venture company” and the meaning of “substantial interest” in a relevant joint venture company.

3

A non-profit housing company is not an RP developer.

4

A company is a “non-profit housing company” for the purposes of this Part if it is—

a

a non-profit registered provider of social housing;

b

a registered social landlord under Part 1 of the Housing Act 1996 (registered social landlords in Wales);

c

a registered social landlord under Part 2 of the Housing (Scotland) Act 2010 (asp 17);

d

a registered housing association under Chapter 2 of Part 2 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I.));

e

a wholly owned subsidiary of a company within paragraphs (a) to (d).

5

The Treasury may by regulations make provision amending the definition of a non-profit housing company; and the regulations may make consequential provision amending this Part.