Section 647 — Corporation Tax Act 2010: Claims under section 642 or 643

Claims under section 642 or 643 647 1 A claim under section 642 or 643 must be made—

a within two years after the end of the accounting period to which it relates, or b if it relates to part of an accounting period, within two years after the end of that accounting period.

2 A housing association must not make a claim under section 642 or 643 for an accounting period or part of an accounting period unless—

a the requirements in subsection (3) were complied with during that period or part, or b the association reasonably considers that those requirements were substantially complied with during that period or part.

3 The requirements are that—

a no property belonging to the association was let otherwise than to a member of the association, b only persons who were then members of the association occupied (whether solely or jointly with another person) any property, or any part of any property, let by the association, c the association satisfied each of tests A to C in section 645 and complied with any conditions that were in force by virtue of section 645(6),

and d any covenants required to be included in grants of tenancies by those conditions were observed.

4 If a member of a housing association dies and another person occupies a property, or part of a property, in accordance with the member's will or the provisions applicable on the member's intestacy, that person's occupation during the first 6 months after the death does not infringe the requirement in subsection (3)(b).