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Private client review for November 2022

A couple of further victories for HMRC on SDLT and a couple of victories for the taxpayer regarding information notices are among the developments reviewed by Edward Reed and Alice Mason (Macfarlanes). 

SDLT: rights of way over residential property insufficient to create ‘mixed use’

In our March column we looked at the Court of Appeal’s decision in Hyman and others v HMRC [2022] EWCA Civ 185. The findings in that case were central to the discussion in Averdieck v HMRC [2022] UKFTT 374 (TC) and the taxpayers in both cases were represented by the same counsel.

Mr and Mrs Averdieck purchased a large home set in roughly 14 acres of extensive grounds for which they paid c.£3m. The case turned on the impact of a lane running along one of the boundaries of the property which provided access to a neighbouring farm and five residential homes. ...

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