Regulation 3 Conditions for reliefI1
England and Wales
The conditions prescribed for the purposes of paragraph 3(1)(b) of Schedule 4ZA and paragraph 3(1)(c)(ii) of Schedule 5A to the Act are that—
a relevant certificate has been issued in relation to the hereditament,
the certificate has not ceased to have effect or been withdrawn (see regulation 7(3) and (11)), and
the same person has been the occupier in relation to that hereditament, on each day during the relevant period.
For the purposes of paragraph (1)(c) of this regulation, where a person has a qualifying connection with another person, they are to be treated as the same person.
A person is to be treated as having a qualifying connection with another person—
where both persons are companies, and
one is a subsidiary of the other, or
both are subsidiaries of the same company, or
where only one person is a company, the other person (“the second person”) has such an interest in that company as would, if the second person were a company, result in it being the holding company of the other.
In this regulation—
“company” has the meaning given in section 1(1) of the Companies Act 2006f1;
“holding company” and “subsidiary” have the meanings given in section 1159 of the Companies Act 2006;
“occupier” has the meaning given in section 65 of the Act;
“relevant period” means the period beginning with the day on which the qualifying improvement works were commenced and ending with the chargeable day.
Annotations
Commencement
Footnotes
- f1