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S Fitzgerald and another v HMRC

SDLT MDR denied where planning restriction existed.

In S Fitzgerald and another v HMRC [2025] UKFTT 89 (TC) (24 January) the FTT dismissed an appeal against a closure notice disallowing SDLT multiple dwellings relief (MDR) in respect of the purchase of a property which included a main house and an annexe. 

In 2020 the taxpayers purchased a property consisting of a five-bedroom detached house an annexe garage and car port. The annexe had its own kitchen living room bedroom and bathroom. It had a separate front door located in the car port of the main house. There was a lockable door leading from the kitchen into the main house. The main house and annexe shared electricity and gas meters and received a single utility bill but were separately rated for council tax.  

The only issue for the FTT was whether the annexe was suitable for...

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