Recent decisions on mixed use SDLT, taxpayer behaviour and the meaning of ‘service’ under the remittance basis rules are reviewed by Edward Reed and Sam Epstein (Macfarlanes).
SDLT: familiar themes revisited
There has been a continuing trend of taxpayers challenging higher rates of SDLT by arguing for the application of mixed-use rates or multiple dwellings relief (MDR) (the latter to be abolished for transactions completing after 31 May 2024 following the 2024 Budget). A flurry of recent tribunal cases (mostly) continues HMRC’s success in this area.
Bonsu and another v HMRC [2024] UKFTT 158 (TC) revisits the familiar theme of taxpayers who acquired a leasehold interest in a residential flat including the right to use a communal garden arguing that their purchase included non-residential property (i.e. their garden rights) and therefore mixed-use rates should apply. The facts were almost identical to Sexton v HMRC [2023] UKFTT...
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Recent decisions on mixed use SDLT, taxpayer behaviour and the meaning of ‘service’ under the remittance basis rules are reviewed by Edward Reed and Sam Epstein (Macfarlanes).
SDLT: familiar themes revisited
There has been a continuing trend of taxpayers challenging higher rates of SDLT by arguing for the application of mixed-use rates or multiple dwellings relief (MDR) (the latter to be abolished for transactions completing after 31 May 2024 following the 2024 Budget). A flurry of recent tribunal cases (mostly) continues HMRC’s success in this area.
Bonsu and another v HMRC [2024] UKFTT 158 (TC) revisits the familiar theme of taxpayers who acquired a leasehold interest in a residential flat including the right to use a communal garden arguing that their purchase included non-residential property (i.e. their garden rights) and therefore mixed-use rates should apply. The facts were almost identical to Sexton v HMRC [2023] UKFTT...
If you or your firm subscribes to Taxjournal.com, please click the login box below:
If you do not subscribe but are a registered user, please enter your details in the following boxes:
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