Further developments in stamp duty land tax
By Niall Murphy
We have previously reported on earlier court decisions considering certain aspects of the SDLT legislation. Since then a number of further decisions have been issued. The first two — The Pollen Estate Trustee Company v HMRC and HMRC v DV3 RS Limited Partnership — are decisions of the Court of Appeal, and the final one — Project Blue Limited v HMRC — that of the First-tier Tribunal.
The Pollen Estate Case concerns the availability of relief from SDLT where the purchaser is a charity. In this case the charity was a joint purchaser with a non-charity. In the Upper Tribunal it was held that as a non-charity had an interest in the property the charity was not entitled to relief on its share of the purchase. This was on the technical basis that for the relief to be available the purchaser had to be a charity.
As there were two purchasers — one a charity and one a non-charity — and because they were each buying an undivided equitable share in the property, the relief could not apply…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The law provides that if you would like to move a child from their main country of residence, the consent of the other person with parental rights should be obtained first.
There are now a range of options for resolving a dispute between a consumer and a trader.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…