# Finance Act 2009, Section 81: Registered providers of social housing


(1) Part 4 of FA 2003 (stamp duty land tax) is amended as follows.
(2) Section 71 (certain acquisitions by registered social landlord) is amended as follows.
(3) Insert at the beginning—
“(A1) 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.”
(4) In subsection (4), for “subsection (1)(c)” substitute “ this section ”.
(5) Schedule 9 (right to buy etc) is amended as follows.
(6) In paragraph 5 (shared ownership leases: “qualifying body” etc)—
(a) in sub-paragraph (2), insert at the end—
“(g) a registered provider of social housing that is not within paragraph (b) (subject to sub-paragraph (2A)).”, and
(b) after that sub-paragraph insert—
“(2A) A registered provider of social housing within sub-paragraph (2)(g) (“R”) is only a qualifying body in relation to a lease of premises if the following has been funded with the assistance of a grant or other financial assistance under section 19 of the Housing and Regeneration Act 2008—
(a) the purchase or construction of the premises by R (or a person connected with R), or
(b) the adaptation of the premises by R (or a person connected with R) for use as a dwelling.
(2B) Section 839 of the Taxes Act 1988 (connected persons) has effect for the purposes of sub-paragraph (2A).”
(7) In paragraph 7 (shared ownership trusts: introduction)—
(a) in sub-paragraph (3), omit “(within the meaning of paragraph 5(2))”, and
(b) insert at the end—
“(7) In Condition 2 “qualifying body” means—
(a) a qualifying body within the meaning of paragraph 5(2)(a) to (f), or
(b) a registered provider of social housing within paragraph 5(2)(g) (subject to sub-paragraph (8)).
(8) A registered provider of social housing within paragraph 5(2)(g) (“R”) is only a qualifying body in relation to a shared ownership trust if the following has been or is being funded with the assistance of a grant or other financial assistance under section 19 of the Housing and Regeneration Act 2008—
(a) the purchase or construction of the trust property by R (or a person connected with R), or
(b) the adaptation of the trust property by R (or a person connected with R) for use as a dwelling.
(9) Section 839 of the Taxes Act 1988 (connected persons) has effect for the purposes of sub-paragraph (8).”
(8) The amendments made by this section have effect in relation to transactions with an effective date on or after the day on which this Act is passed.

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Source: https://www.legislation.gov.uk/ukpga/2009/10/section/81 (the official version)
Page: https://openlegislation.uk/finance-act-2009/section-81
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.