Court of Appeal decides that sub-sale relief did not apply to the DV3 scheme

In HMRC v DV3 RS Limited Partnership [2013] EWCA Civ 907, the Court of Appeal has allowed HMRC’s appeal against the Upper Tribunal’s decision. The case involves the implementation of a blatant SDLT planning scheme.

The key points to note from the Court of Appeal’s decision are: the Court of Appeal refused to be drawn into a parallel world of SDLT and insisted on having regard to what was happening in the ‘real world’; this is the fourth-successive victory for HMRC in its continuing battle against SDLT avoidance; and the subsequent introduction of anti-avoidance measures means that a similar scheme would not be feasible today.

DV3 Regent Street Ltd (DV3 Company) entered into a contract (Sale Contract) with Legal & General Assurance plc (LG) to buy the head leasehold interest in the Dickins & Jones building on Regent Street for £65.1m…

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