Section 150 Providers of social housing etc

(1)

A day in a chargeable period is relievable in relation to a single-dwelling interest if on that day—

(a)

a profit-making registered provider of social housing (P) is entitled to the interest, and

(b)

P's acquisition of the interest (or of any part of the interest) was funded with the assistance of public subsidy.

(2)

A day in a chargeable period is relievable in relation to a single-dwelling interest if on that day—

(a)

a F1qualifying housing provider F2... is entitled to the interest, and

(b)

the condition in subsection (3) is met.

(3)

The condition mentioned in subsection (2) is that—

(a)

the F3qualifying housing provider is controlled by its tenants,

(b)

the person from whom the qualifying housing provider acquired the interest (or any part of the interest) is a qualifying body, or

(c)

the qualifying housing provider's acquisition of the interest (or of any part of the interest) was funded with the assistance of a public subsidy.

(3A)

F4A day in a chargeable period is relievable in relation to a single-dwelling interest if on that day a qualifying housing co-operative (as defined by section 150A) is entitled to the interest.

(4)

In this section—

(a)

F5subsection (2) of section 71 of FA 2003 applies in relation to a reference to a qualifying housing provider controlled by its tenants as it applies to a reference in that section to a non-profit registered provider of social housing controlled by its tenants;

(b)

“qualifying body” means—

(i)

anything described as a qualifying body in subsection (3) of that section,

(ii)

the Scottish Ministers,

(iii)

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994, or

(iv)

Scottish Homes;

(c)

“public subsidy” means—

(i)

anything that is a public subsidy for the purposes of section 71 of FA 2003, and for the purposes of this section the reference in subsection (5)(a) of that section to “the purchaser” is to be treated as a reference to P or the qualifying housing provider (as the case may be);

(ii)

any grant or other financial assistance under section 18 of the Housing Act 1996 (c. 52) (social housing grants);

(iii)

any grant or other financial assistance under section 2 of the Housing (Scotland) Act 1988 (c. 43) (general functions of the Scottish Ministers);

(d)

“qualifying housing provider” means—

(i)

a relevant housing provider (within the meaning of section 71 of FA 2003),

(ii)

a body registered as a social landlord in a register maintained under section 1(1) of the Housing Act 1996 (Welsh registered social landlords), or

(iii)

a body registered under section 20(1) of the Housing (Scotland) Act 2010 (asp 17) (Scottish registered social landlords).

Annotations

Textual amendments

F1: Word in s. 150(2)(a) substituted (retrospective to 6.3.2024) by Finance (No. 2) Act 2024 (c. 12), s. 9(13)(a)(i)(14)
F2: Words in s. 150(2)(a) omitted (retrospective to 6.3.2024) by virtue of Finance (No. 2) Act 2024 (c. 12), s. 9(13)(a)(ii)(14)
F3: Word in s. 150(3) substituted (retrospective to 6.3.2024) by Finance (No. 2) Act 2024 (c. 12), s. 9(13)(b)(14)
F4: S. 150(3A) inserted (with effect in accordance with s. 90(3)-(6) of the amending Act) by Finance Act 2021 (c. 26), s. 90(1)(a)
F5: S. 150(4)(a)-(d) substituted for s. 150(4)(a)-(c) (retrospective to 6.3.2024) by Finance (No. 2) Act 2024 (c. 12), s. 9(13)(c)(14)
F6: Word in s. 150 heading inserted (with effect in accordance with s. 90(3)-(6) of the amending Act) by Finance Act 2021 (c. 26), s. 90(1)(b)