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Private client review for March 2023

Two victories for HMRC over claims for SDLT relief and another couple of wins in relation to discovery assessments, are among the developments reviewed by Edward Reed and Hriday Munim (Macfarlanes). 

SDLT: further wins for HMRC

We have commented previously on HMRC’s recent successes in the SDLT realm. A further two decisions – one relating to the application of mixed use SDLT rates and another on the availability of the relief from higher SDLT rates where the new property is a replacement for the taxpayer’s main residence – have continued this trend.

In Sexton v HMRC [2023] UKFTT 73 (TC) the taxpayers acquired a leasehold interest in a flat with a right under the lease to use a communal garden. Initially the taxpayers paid SDLT at residential property rates; however they later claimed a refund on the basis that the property was not in fact wholly...

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