SDLT-ANTI-AVOIDANCE

Sean Randall (Blick Rothenberg) examines a tribunal decision on the SDLT anti-avoidance in s 75A, which could have adverse consequences for cases where real estate is sold via corporate wrappers.

While the much-anticipated decision in Project Blue is unsurprising, the decision raises some points of wider interest, including because HMRC prevailed by using FA 2003 s 75A, the SDLT anti-avoidance rule. Michael Thomas (Gray’s Inn Tax Chambers) reports

In this month’s briefing, Mark Middleditch (Allen & Overy) provides a round-up of recent tax developments affecting the City, including: the decisions in Sir Fraser Morrison (contingent CGT liability for shareholder-director) and Project Blue (SDLT anti-avoidance); new tax relief for corporate rescues; and the Office of Tax Simplification’s report on partnership taxation.

A variety of straightforward commercial lease transactions can fail to qualify for the usual SDLT reliefs merely because the lessor or lessee is acting through a nominee, Simon Yeo (KPMG) explains

Nigel Popplewell reviews the Budget changes, including the reduced thresholds for the ATED and 15% SDLT rate.

Ben Roberts (RPC) compares s 75A with the GAAR, in light of the recent decision in Project Blue.

Nicola Westbrooke and Simon Yeo report that HMRC has listened constructively to criticisms made when the punative 15% SDLT charge was devised