A housing association approved under CTA2010/S643 can claim exemption from tax on certain chargeable gains. The exemption covers gains arising from the sale of properties which are or have been occupied by tenants of the association. The exemption does not apply to unapproved housing associations or to gains arising from other kinds of assets.
‘relevant housing association’
For these rules a relevant housing association is:
- a registered housing association within the meaning of the Housing Associations Act 1985 [Scottish registered housing associations], or
- for disposals made on or after 1 October 1996, a registered social landlord within the meaning of Part I of the Housing Act 1996,
Registered social landlord
A registered social landlord is a body recognised either by the Housing Corporation or by Housing for Wales under Part I of the Housing Act 1996. A body is only eligible for recognition if it is:
- a registered charity, or
- a society registered under the Industrial and Provident Societies Act 1965 which satisfies the conditions below, or
- a company registered under the Companies Act 1985 which satisfies the conditions below.
The body must not trade for profit and must have among its objects the provision, construction, improvement or management of:
- houses for letting, or
The Housing Corporation
The Regulater of Social Housing may, under an approved scheme, acquire all the land and related assets previously held by one housing association and then transfer them to another housing association. Both transactions are to be treated as giving rise to neither a gain nor a loss to the Housing Corporation and the housing association concerned. TCGA92/S218.