There have been some interesting Stamp Duty Land Tax (SDLT) cases in the last few months.
First, the Court of Appeal (CoA) has ruled that a charity can claim SDLT charities relief, even if it purchases a property jointly with a non-charity. For some time, HM Revenue & Customs (HMRC) had been asserting that in those circumstances SDLT charities relief would not be available because of the involvement of the non-charity joint purchaser (even though there was no policy reason for this position). However, the CoA decided against HMRC and held that Parliament must have intended a charity to be able to benefit from the relief on joint purchases, although only to the extent of the charity’s interest in the acquired property — thereby giving rise to a partial SDLT charities relief.
Mills & Reeve acted for a consortium of educational institutions that had claimed SDLT charities relief on their joint purchases of residential properties with academic staff…
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