John Shallcross (Blake Morgan) sets out what can be learnt from a recent decision where the FTT held HMRC could refuse to give effect to an overpayment relief claim for SDLT involving MDR for mixed property.
The First-Tier Tribunal (FTT) decision of 1 October 2024 in BTR Core Fund JPUT v HMRC [2024] UKFTT 885 (TC) relates to a mixed property purchase with a number of dwellings. The buyer (BTR) had calculated SDLT with Multiple Dwellings Relief (MDR) under FA 2003 s 58D and Sch 6B. The 3% surcharge for extra properties (known as the higher rates for additional property or HRAD)) – later increased to a 5% surcharge with effect from 31 October 2024 – was incorrectly applied. BTR later claimed a refund using overpayment relief. The issues appear to have been well argued before the tribunal.
The purchase
On 15 April 2019 BTR acquired a property in Manchester....
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John Shallcross (Blake Morgan) sets out what can be learnt from a recent decision where the FTT held HMRC could refuse to give effect to an overpayment relief claim for SDLT involving MDR for mixed property.
The First-Tier Tribunal (FTT) decision of 1 October 2024 in BTR Core Fund JPUT v HMRC [2024] UKFTT 885 (TC) relates to a mixed property purchase with a number of dwellings. The buyer (BTR) had calculated SDLT with Multiple Dwellings Relief (MDR) under FA 2003 s 58D and Sch 6B. The 3% surcharge for extra properties (known as the higher rates for additional property or HRAD)) – later increased to a 5% surcharge with effect from 31 October 2024 – was incorrectly applied. BTR later claimed a refund using overpayment relief. The issues appear to have been well argued before the tribunal.
The purchase
On 15 April 2019 BTR acquired a property in Manchester....
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If you do not subscribe but are a registered user, please enter your details in the following boxes:
