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Consultation on the SDLT mixed property and multiple dwellings relief rules

Jeffrey Webber and Liam O’Doherty (BDO) examine the various options that are specifically aimed at preventing abuse of the existing rules. 

On 30 November 2021 HMRC published a new consultation on SDLT specifically aimed at preventing abuse of the existing rules in relation to mixed property purchases and multiple dwellings relief (MDR). HMRC indicated that the existing rules are leading to potentially unfair outcomes incorrect claims and tax abuse. Specifically HMRC is consulting on:

  • changes to the way in which SDLT is calculated when purchasers acquire mixed property (meaning it comprises both residential and non-residential property); and
  • options to reform the SDLT treatment of property purchases that include more than one dwelling (the MDR rules).

This consultation will come as no surprise to experienced SDLT advisers who will have noticed the increasing number of recent legal cases won by HMRC successfully arguing that...

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