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Private client review for April 2023

SDLT mixed use rates, procedural issues, taxpayer confidentiality and HMRC ‘fishing expeditions’ are among the topics reviewed by Edward Reed and Hannah Kalveks (Macfarlanes). 

SDLT: further HMRC victory in relation to ‘mixed use’ rates

Readers may recall our comments on mixed-use SDLT rates in recent issues. Two more cases have now developed the discussion further: Faiers v HMRC [2023] UKFTT 297 (TC) concerns land affected by electricity apparatus which has not previously been the subject of any judicial decision; and in The How Development 1 Ltd v HMRC [2023] UKUT 84 (TCC) the Upper Tribunal (UT) found several errors of law in the First-tier Tribunal’s (FTT’s) decision relating to a woodland area.

In Faiers the taxpayer bought a house with grounds through which a commercial electricity distribution network ran comprising a pole and two cables over the property. The taxpayer had originally paid SDLT at the...

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