In R (on the application of St Matthews (West) and others) v HMRC ([2014] EWHC 1848 (Admin)– 6 June 2014) the claimants’ application for judicial review of provisions which had retrospective effect failed.
The taxpayers had implemented an SDLT avoidance scheme and sought judicial review of FA 2013 s 194(1)(a) (2) which amended FA 2003 s 45 with retrospective effect so that SDLT was chargeable on transactions implementing the scheme.
The court noted that in the event of several subsequent subsales the aim of s 45 was to place the taxation burden on the person who would have the use and enjoyment of the property.
The court observed that HMRC had become aware of the scheme thanks to the disclosure of tax avoidance scheme (DOTAS) and that HMRC had moved quickly to ensure that legislation would be passed with retrospective effect to stop it. HMRC had...
