Doe v Revenue and Customs (Stamp Duty Land Tax – Transaction Involving Multiple Dwellings): FTTTx 25 Jan 2021

STAMP DUTY LAND TAX – transaction involving multiple dwellings – purchase of property with main house and an annexe – was enquiry validly opened by HMRC? – yes – did main house and annexe each count as a dwelling? – were main house and annexe both suitable for use as a single dwelling? – no – appeal dismissed.

Citations:

[2021] UKFTT 17 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 31 December 2022; Ref: scu.661734

Terrapin International Ltd v Inland Revenue Commissioners: 1976

A deed had been delivered in escrow, but, before the condition was fulfilled, the rates of stamp duty changed. The parties disputed the effective date of the transaction.
Held: Walton J considered what was the effect of a deed being held in escrow: ‘A document which is intended to take effect as a deed when conditions have been fulfilled may be executed as an escrow: that is to say, with all the formalities of a deed save that the vital unconditional delivery, which is essential for the proper execution of a true deed, is missing; it is replaced by a conditional delivery, usually express, but capable of being assumed. At this stage, the document is not a deed; and although of course it contains within itself the possibility of becoming an effective deed, a deed rising phoenix-like from the ashes of the escrow, at the stage before the condition is fulfilled it is of no effect whatsoever.’ and referring to Cory: ‘If I may repeat the crucial passage; – ‘So long as it remains an escrow it is not executed as a deed; for delivery again as a deed is required before it becomes one’. It follows in my judgment that . . . the first date on which the deed of exchange which is the subject matter of the present appeal was executed was on the day on which the conditions were fulfilled and it was in the eye of the law for the first time delivered unconditionally and thus for the first time delivered as a deed.’

Judges:

Walton J

Citations:

[1976] 1 WLR 665, [1976] 2 All ER 461

Jurisdiction:

England and Wales

Citing:

CitedCory (Wm) and Son Ltd v Inland Revenue Commissioners CA 1964
Diplock LJ discussed the status of a deed delivered in escrow: ‘So long as it remains an escrow it is not yet executed as a deed; for delivery again as a deed is required before it becomes one. While an escrow it conveys nothing, it transfers . .

Cited by:

CitedAlan Estates Ltd v WG Stores Ltd and Another CA 1-Jul-1981
The proposed tenant wanted to get into possession, and was given a key and paid a quarter’s rent to the lessor’s solicitors to be held as stakeholders, before the lease had been formally granted. An undated lease and counterpart were executed and . .
Lists of cited by and citing cases may be incomplete.

Contract, Stamp Duty

Updated: 06 December 2022; Ref: scu.252344

P N Bewley Ltd v Revenue and Customs (Stamp Duty : Land Tax): FTTTx 28 Jan 2019

STAMP DUTY LAND TAX – bungalow and plot of land acquired with planning permission for demolition and building of new dwelling on site – whether higher rates of SDLT in Schedule 4ZA FA 2003 apply – whether bungalow building ‘suitable for use’ as a dwelling on date of transaction – held not so suitable – self-assessment as amended by HMRC reduced to remove higher rate charge and to reflect non-residential rate.

Citations:

[2019] UKFTT 65 (TC), [2019] SFTD 611, [2019] STI 1057

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 04 December 2022; Ref: scu.635674

Secure Service Ltd v Revenue and Customs (Stamp Duty : Land Tax): FTTTx 30 Jan 2020

STAMP DUTY LAND TAX – procedure – whether this Tribunal has jurisdiction to hear an appeal against a refusal by HMRC to allow a claim for multiple dwellings relief to be made late – no – appeal dismissed

Citations:

[2020] UKFTT 59 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 27 November 2022; Ref: scu.649145

Pensfold v Revenue and Customs (Stamp Duty Land Tax – Whether Relief Available): FTTTx 14 Nov 2019

STAMP DUTY LAND TAX – whether relief available under Para 5B Sch 4A Finance Act 2003 – held yes – whether property mixed use or wholly residential – held solely residential – whether penalties should be applied for deliberate or careless error – held no penalty because appellant took reasonable care to avoid any inaccuracy

Citations:

[2020] UKFTT 116 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 26 November 2022; Ref: scu.649135

Partridge v Revenue and Customs (Stamp Duty Land Tax – Transaction Involving Multiple Dwellings): FTTTx 13 Jan 2021

STAMP DUTY LAND TAX – transaction involving multiple dwellings – purchase of property with main house and an annex – did main house and annex each count as a dwelling? – were main house and annex both suitable for use as a single dwelling? – no – appeal dismissed.

Citations:

[2021] UKFTT 6 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 26 November 2022; Ref: scu.661744

Mashoof v Revenue and Customs (Stamp Duty Land Tax – Paragraph 25 of Schedule 10 To Finance Act 2003 – Whether Revenue Determination Made, Issued and Served): FTTTx 25 Mar 2020

STAMP DUTY LAND TAX – paragraph 25 of schedule 10 to Finance Act 2003 – whether Revenue determination made, issued and served – paragraph 35(1)(e) and paragraph 36(5A) of schedule 10 to Finance Act 2003 – whether the Tribunal has jurisdiction to consider an appeal against a Revenue determination based on procedural defects – whether the concept of staleness applies to a Revenue Determination – proceedings struck out on the basis that the Tribunal has no jurisdiction

Citations:

[2020] UKFTT 166 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 25 November 2022; Ref: scu.650688

Hooper v Western Counties and South Wales Telephone Co Ltd: 1892

The court placed a restrictive meaning on the idea of a company reconstruction. The new company is to consist of the old shareholders.

Judges:

Chitty J

Citations:

(1892) 68 LT 78

Jurisdiction:

England and Wales

Cited by:

CitedBrooklands Selangor Holdings Limited v Inland Revenue Commissioners ChD 1970
The court had to consider whether the arrangments before it amounted to a reconstruction for stamp duty purposes: ‘I will deal first with the question whether those transactions amounted to a reconstruction. In ordinary speech the word . .
CitedMytravel Group Plc, Re Companies Act 1985 ChD 24-Nov-2004
The company sought approval of a proposed reconstruction under the section.
Held: Approval could not be given. To count as a reconstruction two principal qualities were required. The business carried on should be the same or similar, and those . .
CitedSwithland Investments Ltd v IRC 1990
The court considered whether a scheme of re-arrangement of a company was a reconstruction within the meaning of the Stamp duty legislation. . .
CitedFallon v Fellows (Inspector of Taxes) ChD 2001
The court considered whether a scheme was for the purposes of reconstruction or amalgamation in a capital gains tax context. Citing South African Supply: ‘In the context I think it is clear that when the learned judge referred to the persons . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 24 November 2022; Ref: scu.220249

Singer v Revenue and Customs (Appeal against Interest for Late Payment of SDLT – Appeal Struck Out On The Basis That The Tribunal Has No Jurisdiction): FTTTx 3 Feb 2021

Appeal against interest for late payment of SDLT – appeal struck out on the basis that the Tribunal has no jurisdiction – Finance Act 2003 ss 87 and 91 and Schedule 10 para 35 and Schedule 12 – HMRC v Hok Ltd considered

Citations:

[2021] UKFTT 30 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 22 November 2022; Ref: scu.661776

Albert House Property Finance Pcc Ltd and Another v Revenue and Customs (SDLT – Withdrawal of Appeals): FTTTx 3 Dec 2019

Procedure – SDLT – withdrawal of appeals – HMRC informing Tribunal of objection – Tribunal informing Appellants – no direct notification – whether dispute treated as settled under Sch 10 para 37 – held, no – appeals remain to be determined by Tribunal

Citations:

[2019] UKFTT 732 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 19 November 2022; Ref: scu.646917

Newton and Another v Revenue and Customs (SDLT – Whether Discovery – Whether Subsale Relief Applied): FTTTx 12 Nov 2019

SDLT – whether discovery – whether subsale relief applied – if so, whether caught by retrospective provision in s 45(3A) of FA 2003 – if not, whether within the anti-avoidance provision in s 75A – HMRC succeeded on all grounds – appeal refused and assessment confirmed

Citations:

[2019] UKFTT 688 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 19 November 2022; Ref: scu.646901

L M Tenancies 1 Ltd v Inland Revenue Commissioners: CA 4 Feb 1998

The stamp duty payable on a lease is calculated according to the values known at the date of the lease in accordance with the formula provided.

Citations:

Times 04-Feb-1998, Gazette 11-Feb-1998

Statutes:

Finance Act 1994 242

Jurisdiction:

England and Wales

Citing:

Appeal fromL M Tenancies 1 Plc v Inland Revenue Commissioners ChD 11-Jul-1996
Stamp duty not mitigated where consideration ascertainable when lease was executed. . .

Cited by:

Appealed toL M Tenancies 1 Plc v Inland Revenue Commissioners ChD 11-Jul-1996
Stamp duty not mitigated where consideration ascertainable when lease was executed. . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 14 November 2022; Ref: scu.82879

Myles-Till v Revenue and Customs (Stamp Duty Land Tax – Different Rates for Residential and Non-Residential Property): FTTTx 11 Mar 2020

STAMP DUTY LAND TAX – different rates for residential and non-residential property – grassy field adjoining countryside house and garden – part of the grounds of the house? – yes – appeal dismissed

Citations:

[2020] UKFTT 127 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 10 November 2022; Ref: scu.649209

Browne v Dawson: 1840

The master of a school had possession of the schoolroom for the purposes of his office, but was dismissed by the trustees for an alleged breach of the rules, and he gave up the room which was taken possession of by them and locked up. He returned on the next day, broke open the room, and held it for 11 days, at the end of which the trustees forcibly ejected him. He then claimed trespass, describing the premises as a room of the plaintiff. Plea in denial that it was not the room of plaintiff
Held: The plaintiff had not by his re-entry acquired possessionary rights against the trustees as wrongdoers, and they might set up the above facts in defence without having pleaded not possessed
The trustees of the free school had agreed rules for the governance of the school and the trustees called on those rules and produced them at the trial of the causes between them.
Held: They were admissible without having been stamped as an agreement

Citations:

(1840) 12 Ad and El 624, (1840) 4 Per and Dav 355, (1840) 113 ER 950

Jurisdiction:

England and Wales

Employment, Torts – Other, Stamp Duty

Updated: 01 November 2022; Ref: scu.649122

M and M Builders (Norfolk) Ltd v Revenue and Customs (Stamp Duty Land Tax – Whether Two Transactions Between Connected Parties Constitute An Exchange): FTTTx 19 Aug 2019

STAMP DUTY LAND TAX – whether two transactions between connected parties constitute an exchange – whether market value provisions of s53 Finance Act 2003 apply in precedence to the valuation of annuity provisions of s52 Finance Act 2003 – whether transactions caught by anti-avoidance provisions of s75A Finance Act 2003 – appeal dismissed

Citations:

[2019] UKFTT 541 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 25 October 2022; Ref: scu.641340

Consultus Care and Nursing Ltd v Revenue and Customs (Stamp Duty Land Tax – Application of Higher Rate To Certain High Value Residential Transactions): FTTTx 4 Jul 2019

STAMP DUTY LAND TAX – application of higher rate to certain high value residential transactions pursuant to Schedule 4A Finance Act 2003 – whether acquisition qualifies for relief for property acquired exclusively for purpose of exploitation as source of rents in course of qualifying property rental business – no – appeal dismissed

Citations:

[2019] UKFTT 437 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 25 October 2022; Ref: scu.641265

Gray v Revenue and Customs (Stamp Duty : Land Tax): FTTTx 28 Mar 2019

STAMP DUTY LAND TAX – return showing consideration of pounds 1 not enquired into – whether discovery made – whether hypothetical officer would have been aware of loss of tax – whether discovery stale – appeal dismissed.

Citations:

[2019] UKFTT 213 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 21 October 2022; Ref: scu.635755

Crest Nicholson Operations Ltd v Revenue and Customs (STAMP DUTY : Land tax): FTTTx 1 Feb 2017

Stamp Duty Land Tax – determinations in absence of return – appeal – extent of Tribunal’s jurisdiction – held, limited to matters listed in para 36(5A) Sch 10 FA 2003 – burden of proof on taxpayers – avoidance scheme – effect of s 45 FA 2003 – reduction of capital – s 270 Companies Act 1985 not applicable – held, no liability on original contracting party – whether transferee acting as bare trustee or nominee for third Appellant – no – appeal of second Appellant dismissed and appeals of first and third Appellants allowed

Citations:

[2017] UKFTT 135 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 17 October 2022; Ref: scu.574076

Forest Commercial Services Ltd v Revenue and Customs: FTTTx 17 Nov 2020

Stamp Duty Land Tax – Penalty for inaccurate SDLT return – application of higher rate to high value residential transaction pursuant to Schedule 4A Finance Act 2003 – whether transaction qualified for relief as property acquired for purpose of redevelopment – yes – whether return inaccurate – no – appeal allowed

Citations:

[2020] UKFTT 470 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 01 October 2022; Ref: scu.656848

Albert Reiss Beteiligungsgesellschaft (Taxation): ECJ 28 Jun 2007

Europa Directive 69/335/EEC Indirect taxes on the raising of capital – National provisions which provide for notarial fees to be charged for the authentication of the transfer of shares in limited liability companies Tax decision Classification as a ‘duty similar to capital duty’ Prior formality Duties on the transfer of securities Duties paid by way of fees or dues.

Citations:

C-466/03, [2007] EUECJ C-466/03

Links:

Bailii

Jurisdiction:

European

Stamp Duty

Updated: 19 September 2022; Ref: scu.254377

Broughall v Revenue and Customs: FTTTx 21 Mar 2011

FTTTx LAND TRANSACTIONS – Penalty for failure to deliver a land transaction return by the filing date (Finance Act 2003 Sch 10 para 3) – Whether return delivered by the due date – Whether a reasonable excuse for failure to do so (Finance Act 2003 s.97) – Appeal allowed

Citations:

[2011] UKFTT 193 (TC)

Links:

Bailii

Statutes:

Finance Act 2003 97

Stamp Duty

Updated: 17 September 2022; Ref: scu.442912

Commission v Hungary C-253/09: ECJ 9 Dec 2010

ECJ (Free Movement Of Persons) Failure of a Member State to fulfil obligations – Infringement of Articles 18 EC, 39 EC and 43 EC and Articles 28 and 31 of the EEA Agreement – Tax on transfers of property for consideration – Residential property – Tax legislation of a Member State granting the purchaser of real property for residential use, for the purpose of calculating the basis of assessment, the possibility of deducting the market value of another residential property sold within one year before or after the purchase, if that property is situated in the territory of that Member State – No discrimination.

Citations:

[2010] EUECJ C-253/09 – O

Links:

Bailii

Jurisdiction:

European

Stamp Duty

Updated: 31 August 2022; Ref: scu.427317

Carreras Group Limited v The Stamp Commissioner: PC 1 Apr 2004

PC (Jamaica) The transfer of shares in exchange for a debenture with a view to its redemption a fortnight later was not regarded as an exempt transfer in exchange for the debenture but rather as an exchange for money. Elements which have been inserted into a transaction without any business or commercial purpose did not prevent the composite transaction from falling within a charge to tax or bring it within an exemption from tax.

Judges:

Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2004] UKPC 16, [2004] STC 1377, [2004] BTC 8077, [2004] STI 990

Links:

Bailii, PC

Jurisdiction:

England and Wales

Cited by:

CitedBarclays Mercantile Business Finance Ltd v Mawson (HM Inspector of Taxes) HL 25-Nov-2004
The company had paid substantial sums out in establishing a gas pipeline, and claimed those sums against its tax as capital allowances. The transaction involved a sale and leaseback arrangement which the special commissioners had found to be a . .
CitedUBS Ag and Another v Revenue and Customs SC 9-Mar-2016
UBS AG devised an employee bonus scheme to take advantage of the provisions of Chapter 2 of the 2003 Act, with the sole purpose other than tax avoidance, and such consequential advantages as would flow from tax avoidance. Several pre-ordained steps . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 26 July 2022; Ref: scu.195697

Elizabeth Court (Bournemouth) Ltd v Revenue and Customs: SCIT 26 Nov 2007

SCIT STAMP DUTY LAND TAX – reliefs – collective enfranchisement by leaseholders – whether the chargeable transaction entered into by the Appellant was ‘a chargeable transaction entered into by an RTE company in pursuance of a right of collective enfranchisement’ – no – appeal dismissed – FA 2003 s 74(1).

Judges:

Dr N Brice

Citations:

[2007] UKSPC SPC00648

Links:

Bailii

Statutes:

Finance Act 2003 74(1)

Cited by:

Appeal fromElizabeth Court (Bournemouth) Ltd v HM Revenue and Customs ChD 16-Oct-2008
The company appealed against a refusal to refund Stamp Duty Land Tax in respect of two land transactions. They claimed entitlement to full relief as an enfanchisement. The initial notices had been given by an incorrectly formed RTE company. Though . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty, Landlord and Tenant

Updated: 12 July 2022; Ref: scu.262402

Fortum Project Finance: ECJ 5 Jul 2007

Europa (Free Movement Of Capital) Article 56(1) EC Directive 69/335/EEC Article 12(1)(a) and (c) Exception to the prohibition on double taxation of contributions of capital Contribution of capital in the form of shares to a company established in another Member State Exchange of shares Capital transfer tax

Citations:

C-240/06, [2007] EUECJ C-240/06

Links:

Bailii

Jurisdiction:

European

Stamp Duty

Updated: 11 July 2022; Ref: scu.258201

Cole v Revenue and Customs (Procedure : Other): FTTTx 29 Aug 2018

PROCEDURE – strike out application by HMRC – stamp duty land tax – appellant bought a second property on a divorce – appellant’s name still on the title of the first property – higher rate of stamp duty land tax on purchase of second property – whether jurisdiction to hear appeal – no

Citations:

[2018] UKFTT 520 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 07 July 2022; Ref: scu.632240

The Inland Revenue v The Glasgow and South-Western Railway Co: HL 20 May 1887

Revenue – Stamp Act 1870 (33 and 34 Vict. cap. 97), sec. 70 – Consideration for the ‘Conveyance on Sale’ – Lands Clauses (Scotland) Act 1845 (8 Vict. cap. 19), sec. 48 – Compensation for Loss of Business.
In a compulsory sale under the Lands Clauses Act 1845 a jury awarded the owners of the subjects, who were also the occupants, compensation as follows-(1) For the value of land taken, (2) for the value of buildings, machinery, and co., and (3) for loss of business previously carried on by them on the subjects taken. Held ( rev. First Division) that the compensation for loss of business was part of the consideration for the ‘conveyance on sale, ‘within the meaning of the Stamp Act 1870, and that the ad valorem stamp upon the conveyance was to be assessed upon the full amount of compensation.

Judges:

Lord Chancellor (Halsbury), Lords Watson, Fitzgerald and Macnaghten

Citations:

[1887] UKHL 534, 24 SLR 534

Links:

Bailii

Jurisdiction:

Scotland

Stamp Duty, Land

Updated: 28 June 2022; Ref: scu.636752

Commission v Belgium C-415/02: ECJ 15 Jul 2004

ECJ (Judgment) Failure of a Member State to fulfil obligations – Indirect taxes – Directive 69/335/EEC – Raising of capital – Tax on stock exchange transactions – Tax on the delivery of bearer securities

Citations:

[2004] EUECJ C-415/02, [2004] ECR I-7215

Links:

Bailii

Statutes:

Directive 69/335/EEC

European, Stamp Duty

Updated: 11 June 2022; Ref: scu.199459

Save and Prosper Securities Ltd v Inland Revenue: SCIT 9 Aug 2000

SCIT STAMP DUTY RESERVE TAX – amalgamation of two unit trust schemes – whether an agreement to transfer chargeable securities – appeal allowed – FA 1986 s 87(1)

Citations:

[2000] UKSC SPC00251

Links:

Bailii

Citing:

CitedStreet v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 10 June 2022; Ref: scu.195357

Albert House Property Finance Pcc Ltd and Another v Revenue and Customs: UTTC 4 Jan 2021

Stamp Duty Land Tax – withdrawal of appeals – HMRC informing Tribunal of objection – no direct notification of taxpayer – whether valid notice given by para 37 Sch 10 FA 2003- whether FTT erred in application of para 42 Sch 10 FA 2003 and in failing to exercise discretion under Rule 5 to bring proceedings to an end – appeals dismissed

Citations:

[2020] UKUT 373 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 06 June 2022; Ref: scu.657046

L M Tenancies 1 Plc v Inland Revenue Commissioners: ChD 11 Jul 1996

Stamp duty not mitigated where consideration ascertainable when lease was executed.

Citations:

Times 11-Jul-1996

Statutes:

Stamp Act 1891 1

Jurisdiction:

England and Wales

Citing:

Appealed toL M Tenancies 1 Ltd v Inland Revenue Commissioners CA 4-Feb-1998
The stamp duty payable on a lease is calculated according to the values known at the date of the lease in accordance with the formula provided. . .

Cited by:

Appeal fromL M Tenancies 1 Ltd v Inland Revenue Commissioners CA 4-Feb-1998
The stamp duty payable on a lease is calculated according to the values known at the date of the lease in accordance with the formula provided. . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 04 June 2022; Ref: scu.82881

Swallow Hotels Ltd v Commissioners of Inland Revenue: ChD 11 Jan 2000

A lease had been granted with an option to take a further term at a later date. New rules came into effect which imposed higher rates of stamp duty on transactions of the nature granted by the option, but exempted transactions entered into pursuant to a contract made before the operative date.
Held: The grant of the option in the lease was such a contract. It was not that when the option was exercised, the contract came into existence.

Citations:

Times 11-Jan-2000

Statutes:

Finance (No 2) Act 1997 49(6)

Jurisdiction:

England and Wales

Stamp Duty

Updated: 04 June 2022; Ref: scu.89649

Christopher Ryan v HMRC: UTTC 10 Jan 2012

UTTC STAMP DUTY LAND TAX – failure to notify – whether notification late – yes – whether reasonable excuse – no – identification of effective date – First-tier Tribunal correct – appeal dismissed.

Citations:

[2012] UKUT 9 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 03 June 2022; Ref: scu.452884

Project Blue Ltd v Revenue and Customs: FTTTx 24 Nov 2020

STAMP DUTY LAND TAX – contingent consideration – section 51 Finance Act 2003 – whether part of chargeable consideration for a land transaction was contingent – entitlement to repayment of SDLT – res judicata and abuse of process – whether HMRC estopped from arguing that part of chargeable consideration was not contingent – Supreme Court decision in Project Blue Limited v Commissioners for HM Revenue and Customs [2018] UKSC 30 – held that part of the consideration was contingent – appeal allowed

Citations:

[2020] UKFTT 475 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 23 May 2022; Ref: scu.656862

Attwood v Small And Others: 9 Aug 1827

An agreement, contained by itself less than 1080 words, but there was in it a stipulation that a clause in a previous agreement, which was duly stamped, should be taken as part of the new agreement.
Held: That although with the clause referred to, there would be more than 1080 words, a andpound;1 stamp was proper, as that clause ought not to be reckoned.

Citations:

[1827] EngR 659, (1827) 3 Car and P 208, (1827) 172 ER 389

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

See AlsoAttwood v Small And Others 8-Nov-1827
. .
See AlsoAttwood v Small 12-Dec-1827
Where a great number of exceptions were taken to an answer, and shortly before the argument the defendant submitted to answer them, in consequence of which, it was urged, that the answer was clearly evasive, and that the ordinary costs were greatly . .
See AlsoSmall And Others v Attwood And Others 3-May-1828
Amendment of pleadings . .
See AlsoSmall And Others v Attwood And Others 1-Nov-1832
Where a contract is entered into for the purchase of an estate by certain persons in their own names, but in fact on their own account, and also as agents for other parties, a bill to rescind the contract may be filed in the names of the agents and . .
See AlsoAttwood v Small and Others HL 1-Mar-1838
The plaintiffs had bought land including iron mines from the defendants. They sought and were given explicit re-assurances about the mine’s capacity, but these proved false after the plaintiffs had begun to work the mine themselves.
Held: . .
See AlsoAttwood v Small etc 22-Mar-1838
. .
See AlsoAttwood v Small 1840
. .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 18 May 2022; Ref: scu.324413

Attwood v Small And Others: 8 Nov 1827

Citations:

[1827] EngR 729, (1827) 7 B and C 390, (1827) 108 ER 768 (B)

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

See AlsoAttwood v Small And Others 9-Aug-1827
An agreement, contained by itself less than 1080 words, but there was in it a stipulation that a clause in a previous agreement, which was duly stamped, should be taken as part of the new agreement.
Held: That although with the clause referred . .

Cited by:

See AlsoAttwood v Small 12-Dec-1827
Where a great number of exceptions were taken to an answer, and shortly before the argument the defendant submitted to answer them, in consequence of which, it was urged, that the answer was clearly evasive, and that the ordinary costs were greatly . .
See AlsoSmall And Others v Attwood And Others 3-May-1828
Amendment of pleadings . .
See AlsoSmall And Others v Attwood And Others 1-Nov-1832
Where a contract is entered into for the purchase of an estate by certain persons in their own names, but in fact on their own account, and also as agents for other parties, a bill to rescind the contract may be filed in the names of the agents and . .
See AlsoAttwood v Small and Others HL 1-Mar-1838
The plaintiffs had bought land including iron mines from the defendants. They sought and were given explicit re-assurances about the mine’s capacity, but these proved false after the plaintiffs had begun to work the mine themselves.
Held: . .
See AlsoAttwood v Small etc 22-Mar-1838
. .
See AlsoAttwood v Small 1840
. .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 18 May 2022; Ref: scu.324483

Brooklands Selangor Holdings Limited v Inland Revenue Commissioners: ChD 1970

The court had to consider whether the arrangments before it amounted to a reconstruction for stamp duty purposes: ‘I will deal first with the question whether those transactions amounted to a reconstruction. In ordinary speech the word reconstruction is, I think, used to describe the refashioning of any object in such a way as to leave the basic character of the object unchanged. In relation to companies, the word ‘reconstruction’ has a fairly precise meaning which corresponds, so far as the subject matter allows, to its meaning in ordinary speech. It denotes the transfer of the undertaking or part of the undertaking of an existing company to a new company with substantially the same persons as were members of the old company.’ referring to South African Supply: ‘So in that passage Buckley J repeated in effect what was said by Chitty J in the earlier case he repeatedly inserted the qualification ‘substantial’. I respectfully adopt that passage as an accurate statement of what is meant by the word ‘reconstruction,’ always, of course, in the absence of any controlling factor leading to some other meaning. To quote again the last sentence: ‘substantially the business and the persons inserted must be the same.”

Judges:

Pennycuick J

Citations:

[1970] 1 WLR 429

Jurisdiction:

England and Wales

Citing:

CitedHooper v Western Counties and South Wales Telephone Co Ltd 1892
The court placed a restrictive meaning on the idea of a company reconstruction. The new company is to consist of the old shareholders. . .
CitedRe South African Supply and Cold Storage Co 1904
The court had to construe the words ‘reconstruction or amalgamation’ in the memorandum of association of a company: ‘The only question I have to decide is whether, in the case of each of these two companies, there has or has not been a winding-up . .

Cited by:

CitedMytravel Group Plc, Re Companies Act 1985 ChD 24-Nov-2004
The company sought approval of a proposed reconstruction under the section.
Held: Approval could not be given. To count as a reconstruction two principal qualities were required. The business carried on should be the same or similar, and those . .
CitedIn re Courage Group’s Pension Schemes Ryan v Imperial Brewing and Leisure Ltd ChD 1987
It was possible to amend the provisions of a pension scheme provided the amendments did not conflict with the purposes of the scheme. How was a court to identify such purposes: ‘It is trite law that a power can be exercised only for the purpose for . .
CitedFallon v Fellows (Inspector of Taxes) ChD 2001
The court considered whether a scheme was for the purposes of reconstruction or amalgamation in a capital gains tax context. Citing South African Supply: ‘In the context I think it is clear that when the learned judge referred to the persons . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 16 May 2022; Ref: scu.220248

Inland Revenue Commissioners v G Angus and Co: CA 1889

Lord Esher MR rejected an argument that a specifically enforceable contract or agreement for the sale of land is in truth a conveyance: ‘And it is said that, when an agreement is such that equity will grant specific performance of it, it is to be considered as a conveyance in equity, or an ‘equitable conveyance.’ If that were true, it would be an equitable conveyance of a legal property or a legal right. But let us consider what the doctrine of specific performance is. If the instrument is a ‘conveyance’ in itself, why do you want a decree for specific performance? If the instrument has conveyed the property to the purchaser, he does not require specific performance of an agreement with reference to his own property which has been already conveyed to him. The fact that the instrument is one of which equity will decree specific performance, fixes it at once as an ‘agreement,’ and not as a ‘conveyance.’ It would be a contradiction of terms to say that that which requires a decree for specific performance is in itself a ‘conveyance’ which has conveyed the property to the purchaser. If there has been a ‘conveyance’ of the property, you do not require specific performance. If property sold is conveyed by an instrument to the purchaser, and after that conveyance the vendor keeps it, the purchaser’s remedy would not be by way of specific performance, but, if the property be personal property, by an action of trover; or, if it be real property, by an action of ejectment. In my opinion, therefore, however clear it may be that an instrument is an agreement of which a Court of Equity would instantly decree specific performance, if it were not performed by the vendor, such an instrument is not a ‘conveyance on sale’ within the meaning of the Act, but is only an ‘agreement’.’

Judges:

Lindley LJ, Lord Esher MR

Citations:

(1889) 23 QBD 579

Statutes:

Stamp Act 1870 70

Citing:

CitedTasker v Small 3-Jun-1836
The words in a Settlement to raise Money by ‘Mortgage, Annuity or otherwise,’ authorises a Sale of a reversionary Estate.
Lord Cottenham LC said that the rule by which a purchaser becomes in equity the owner of the property sold ‘applies only . .

Cited by:

CitedScott v Southern Pacific Mortgages Ltd and Others SC 22-Oct-2014
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section . .
Lists of cited by and citing cases may be incomplete.

Land, Contract, Stamp Duty

Updated: 16 May 2022; Ref: scu.553538

William Cory and Son Limited v Inland Revenue Commissioners: CA 1964

Lord Denning MR discussed what was meant by delivery of a document in escrow: ‘When an instrument is delivered in escrow, that only means that it is delivered on condition (which may be expressed or implied by conduct) that it is not to be operative until some condition is performed: see Norton on Deeds 2nd Edition page 18. A good instance is where, on a proposed sale of land, only part of the purchase price has been paid, but the vendor lets the purchaser into possession and delivers the deed to the purchaser’s solicitor, and tells him to hold it until the balance is paid. The deed is clearly delivered on condition that it is not to be operative until the price is paid. Whilst the condition remains unperformed, the sale is not complete and the purchaser does not get the legal title (see Watkins v Nash in 1875 and Thompson v McCullough in 1947); but as soon as the money is paid, the sale is complete. The instrument there may precede any binding contract. But when the sale is complete it is clearly a conveyance on sale and is liable to stamp duty.’

Judges:

Lord Denning MR

Citations:

[1964] 3 All ER 66

Jurisdiction:

England and Wales

Cited by:

CitedBank of Scotland Plc v King and others ChD 23-Nov-2007
The parties contracted to buy and sell a property. The lending bank sought possession, saying that it had advanced the money which had been spent acquirng the property. The defendant purchasers said that completion had not taken place, the full . .
Lists of cited by and citing cases may be incomplete.

Land, Contract, Stamp Duty

Updated: 05 May 2022; Ref: scu.261514

Mounsey v Stephenson: 9 Nov 1827

Articles of agreement, whereby one party agreed to pay the other a fixed salary, and the other agreed not to set up a chemist’s shop within a certain distance, and the parties were mutually bound in a penalty of 6001. to perform the agreement:
Held, to require a stamp of 11. 15s.

Citations:

[1827] EngR 735, (1827) 7 B and C 403, (1827) 108 ER 773

Links:

Commonlii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 02 May 2022; Ref: scu.324489

Doe On The Several Demise Of Hughes And Corbett v Derry: 1841

A., being owner of a farm, let it for seven years to B , and by a written agreement of the same date it was agreed, that A. should manage the farm for B, E allowing A 12s. a week, ‘and allowing him and his family to reside and have’ the use of the dwelling-house and furniture thereiu, free of rent,’ and this agreement was to be put an end to by three months’ notice or three months’ wages –Held, that this agreement did not require a lease stamp, as it did not contain a demise of the house, the occupation of it being a mere remuneration for servlces :-Held, also, that no notice to quit way necessary, if the service was put an end to Whether in ejectment the lessor of the plaintiff must have a certificate under the stat 3 and 4 Vict c. 24, to entitle him to costs.

Citations:

[1841] EngR 28, (1841) 9 Car and P 494, (1841) 173 ER 926

Links:

Commonlii

Stamp Duty, Landlord and Tenant

Updated: 02 May 2022; Ref: scu.308206

Oswald Tillotson Limited v ORC: 1933

‘When I come to consider the purpose of this section, and to see why there is to be immunity and exemption from transfer stamp duty, I find that it is because the old company is really represented or replaced by the new company, and the shareholders in the new company are to be in substance the shareholders of the old company. It is because there has been not an out-an-out transfer for cash but merely a reconstitution of the same corporators in a new company. Bearing that principle in mind and realising that the test is to see whether or not there is a real identity as to not less than 90% of the shareholders, I come to the conclusion that the meaning of the word ‘issue’ is something more than the mere giving of an allotment letter to an old shareholder enabling him to vote with the shares offered to him at his valition.’

Citations:

[1933] 1 KB 134

Statutes:

Finance Act 1927 55(1)

Cited by:

CitedMytravel Group Plc, Re Companies Act 1985 ChD 24-Nov-2004
The company sought approval of a proposed reconstruction under the section.
Held: Approval could not be given. To count as a reconstruction two principal qualities were required. The business carried on should be the same or similar, and those . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 30 April 2022; Ref: scu.220253

Baytrust Holdings Ltd v Inland Revenue Commissioners: 1971

Whether a scheme of arrangement constituted a reconstruction for stamp duty purposes.

Citations:

[1971] 3 All ER 76

Citing:

AppliedRe South African Supply and Cold Storage Co 1904
The court had to construe the words ‘reconstruction or amalgamation’ in the memorandum of association of a company: ‘The only question I have to decide is whether, in the case of each of these two companies, there has or has not been a winding-up . .

Cited by:

CitedMytravel Group Plc, Re Companies Act 1985 ChD 24-Nov-2004
The company sought approval of a proposed reconstruction under the section.
Held: Approval could not be given. To count as a reconstruction two principal qualities were required. The business carried on should be the same or similar, and those . .
Lists of cited by and citing cases may be incomplete.

Company, Stamp Duty

Updated: 30 April 2022; Ref: scu.220250

Swithland Investments Ltd v IRC: 1990

The court considered whether a scheme of re-arrangement of a company was a reconstruction within the meaning of the Stamp duty legislation.

Citations:

[1990] STC 448

Citing:

CitedHooper v Western Counties and South Wales Telephone Co Ltd 1892
The court placed a restrictive meaning on the idea of a company reconstruction. The new company is to consist of the old shareholders. . .

Cited by:

CitedMytravel Group Plc, Re Companies Act 1985 ChD 24-Nov-2004
The company sought approval of a proposed reconstruction under the section.
Held: Approval could not be given. To count as a reconstruction two principal qualities were required. The business carried on should be the same or similar, and those . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty

Updated: 30 April 2022; Ref: scu.220251

Munro v Commissioner for Stamp Duties: PC 1933

In 1909, the deceased orally agreed with his six children that he and they would carry on the business of graziers on land owned by him as partners under a partnership at will. In 1913 the deceased transferred by way of gift the freehold interest in portions of the land to each of his four sons and to trustees for each of his two daughters and their children. The transfers were taken subject to the partnership agreement. In 1919 the deceased and his children entered into a formal partnership agreement, which provided that during his lifetime no partner should withdraw from the partnership. On the deceased’s death in 1929 a claim for death duties was made in respect of the land transferred to his children in 1913.
Held: The gift had been subject to the rights of the partnership, so that the donor’s occupation was by virtue of property which had never been included in the gift.
Lord Tomlin said: ‘It is unnecessary to determine the precise nature of the right of the partnership at the time of the transfers. It was either a tenancy during the term of the partnership or a licence coupled with an interest. In either view what was comprised in the gift was, in the case of each of the gifts to the children and the trustees, the property shorn of the right which belonged to the partnership, and upon this footing it is in their Lordships’ opinion plain that the donee in each case assumed bona fide possession and enjoyment of the gift immediately upon the gift and thenceforward retained it to the exclusion of the donor.’

Judges:

Lord Tomlin

Citations:

[1934] AC 61, [1933] All ER Rep 185

Cited by:

CitedIngram and Palmer-Tomkinson (Executors of the Estate of Lady Jane Lindsay Morgan Ingram Deceased) v Commissioners of Inland Revenue CA 28-Jul-1997
The deceased had first conveyed property to her solicitor. Leases back were then created in her favour, and then the freeholds were conveyed at her direction to her children and grandchildren. They were potentially exempt transfers.
Held: . .
CitedIn re Nichols, deceased CA 2-Jan-1975
The father, Lord Nichols, gave property to his sons who then leased it back to him. On the father’s death the revenue claimed duty.
Held: Goff LJ: ‘Having thus reviewed the authorities, we return to the question what was given, and we think . .
CitedSt Aubyn v Attorney General HL 12-Jul-1951
The donor exercised powers of appointment ‘to make some part of the settled property his own’, and it was ‘wholly irrelevant that by a contemporaneous or later transaction he surrenders his life interest in other parts of it’. The different parts of . .
CitedIngram and Another v Commissioners of Inland Revenue HL 10-Dec-1998
To protect her estate from Inheritance Tax, the deceased gave land to her solicitor, but then took back a lease. The solicitor then conveyed the land on freehold on to members of her family.
Held: The lease-back by the nominee was not void as . .
Lists of cited by and citing cases may be incomplete.

Stamp Duty, Commonwealth

Updated: 30 April 2022; Ref: scu.199962

M and G Securities Ltd v Inland Revenue Commissioners: Schroder Unit Trusts Ltd v Same: ChD 2 Feb 1999

The terms of the deed of trust under which units were surrendered in return for transfer of investments and cash from the underlying trust, allowed the trustees to reclaim the stamp duty paid on the surrender documents.

Citations:

Times 02-Feb-1999

Statutes:

Finance Act 1946 54(4)

Jurisdiction:

England and Wales

Stamp Duty

Updated: 28 April 2022; Ref: scu.83248

Inland Revenue v Maple and Co (Paris) Ltd: HL 27 Nov 1907

One English company transferred to another English company certain property in France by a deed of ‘apport’ executed in France according to the formalities of French law, the price of the property being payable in shares of the purchasing company.
Held that the deed was a ‘conveyance on sale’ within the meaning of section 54 of the Stamp Act 1891, and as such chargeable with stamp duty.

Judges:

Lord Chancellor (Loreburn), The Earl of Halsbury, Lords Ashbourne, Macnaghten, James of Hereford, and Atkinson

Citations:

[1907] UKHL 968

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 27 April 2022; Ref: scu.622315

London and India Dock Co v Attorney General: HL 8 May 1908

A company with an issue of debenture stock already in existence re-arranged the stock and modified the rights of the holders under the authority of a private Act. The stock was divided into two new classes, ‘A’ and ‘B,’ and existing stock-holders obtained certificates for a quantity of each class, proportionate to their original holdings, upon delivering up the old certificates.
Held that this amounted to an issue of debenture stock under the Finance Act 1899, sec. 8, and that the company was bound to deliver a statement thereof bearing the appropriate stamp-duty

Judges:

Lord Chancellor (Loreburn), Lords Ashbourne, Macnaghten, James of Hereford, and Atkinson

Citations:

[1908] UKHL 682

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty, Company

Updated: 26 April 2022; Ref: scu.621510

Speyer Brothers v Inland Revenue: HL 22 Jan 1908

Where a document is by its statutory description chargeable under the Stamp Act as a ‘promissory note,’ and also as a ‘marketable security,’ the Crown has a choice whether it will charge it under the one or the other description. In other words, by virtue of the Act the Crown is entitled to charge the higher rate of stamp, but cannot charge both rates upon the same document.
Terms of a document held to be both a ‘promissory note’ and a ‘marketable security.’

Judges:

Lord Chancellor (Loreburn), Lords Macnaghten, Robertson, and Atkinson

Citations:

[1908] UKHL 972

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 26 April 2022; Ref: scu.621491

Underground Electric Railway Co of London v Commissioners of Inland Revenue: HL 15 Dec 1905

Sec. 56 (2) of the Stamp Act 1891 provides as follows:-‘Where the consideration, or any part of the consideration, for a conveyance on sale consists of money payable periodically for a definite period exceeding twenty years or in perpetuity, or for any indefinite period not terminable with life, the conveyance is to be charged in respect of that consideration with ad valorem duty on the total amount which will or may, according to the terms of sale, be payable during the period of twenty years next after the day of the date of the instrument.’
/>
By an agreement by which a company’s business was sold it was provided that part of the consideration payable to the sellers was to be the annual payment out of profits of a sum equal to a dividend of 3 per cent. on the amount for the time being paid up on such of the original ordinary share capital in the new company as should for the time being have been issued; such payment was however postponed to the payment of a cumulative annual dividend of 5 per cent. to the ordinary shareholders. At the date of the agreement the whole ordinary share capital had been issued, but only about a quarter of it paid up.
Held that under sec. 56 ad valorem duty fell to be paid on a sum representing 3 per cent. on the amount of ordinary share capital paid up at the time of the agreement (that being ‘money payable periodically . . in perpetuity, or for an indefinite period . . ‘) multiplied by twenty, and that it was immaterial that the amount payable periodically was subject to the contingency of there being sufficient funds to pay the 5 per cent. dividend.
Per Lord Lindley-‘There is nothing in sec. 57 which either cuts down or excludes sec. 56.’

Judges:

Lord Chancellor (Halsbury), Lords Robertson and Lindley

Citations:

[1905] UKHL 576, 43 SLR 576

Links:

Bailii

Statutes:

Stamp Act 1891 56(2)

Jurisdiction:

England and Wales

Stamp Duty

Updated: 26 April 2022; Ref: scu.621200

Prunus (Free Movement Of Capital): ECJ 9 Dec 2010

ECJ Free movement of capital – Direct taxation – Tax on the ownership of immovable property situated in a Member State – Immovable property belonging to a legal person – Rules governing exemption from the tax which differentiate according to whether a company has its effective seat in a Member State or in a third country – Application of the principle of free movement of capital to overseas countries and territories – Interpretation of Decisions 91/482/EEC and 2001/822/EC.

Citations:

C-384/09, [2010] EUECJ C-384/09 – O

Links:

Bailii

Jurisdiction:

European

Cited by:

OpinionPrunus (Free Movement Of Capital) ECJ 5-May-2011
Direct taxation – Free movement of capital – Article 64 TFEU – Legal persons established in a non-Member State – Ownership of immovable property located in a Member State – Tax on the market value of that property – Refusal of exemption – Assessment . .
Lists of cited by and citing cases may be incomplete.

Taxes – Other

Updated: 20 April 2022; Ref: scu.427335

Lloyd v Revenue and Customs: FTTTx 17 Nov 2017

Stamp Duty : Land Tax – SDLT -discovery assessment – whether disclosure letters made HMRC aware of insufficiency – no – whether assessments served on appellant or at usual or last known place of residence – yes – appeal dismissed

Citations:

[2017] UKFTT 828 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 02 April 2022; Ref: scu.600963

Frosh and Others v Revenue and Customs: UTTC 8 Aug 2017

(Stamp Duty Land Tax) STAMP DUTY LAND TAX (SDLT) – Project Blue scheme – enquiries into land transaction returns – FA 2003, Sch 10 – applications for closure notices – refused by the First-tier Tribunal, [2016] UKFTT 558 (TC), on ground that HMRC had not been provided with information and documents – provision of information and documents in sample cases – invitations to settle.

Citations:

[2017] UKUT 320 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 30 March 2022; Ref: scu.595594

Coolatinney Developments Ltd and Others v Revenue and Customs: FTTTx 15 Apr 2011

Stamp duty land tax (SDLT) – notices of enquiry into land transaction returns (FA 2003, Sch 10, para 12) – letter wrongly referring to self certificate – whether notice effective – whether mistake in the notice -whether s 83(2) prevented notice from being ineffective

Citations:

[2011] UKFTT 252 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 07 February 2022; Ref: scu.442968

Moaref and Another v Revenue and Customs: FTTTx 10 Oct 2020

SDLT – Relief From Higher Charge for Replacement Residence – Schedule 4ZA Finance Act 2003 – relief from higher charge for replacement residence – two apartments bought from different vendors a few weeks apart with the intention of amalgamating to form one – was each one intended to be the purchaser’s only or main residence – no – appeal dismissed

Citations:

[2020] UKFTT 396 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 03 February 2022; Ref: scu.655341

Ladywalk Llp v Revenue and Customs (Stamp Duty Land Tax : Application of Transitional Rules): FTTTx 5 May 2020

STAMP DUTY LAND TAX — application of transitional rules in section 2 of the Stamp Duty Land Tax Act 2015 – whether transaction effected in pursuance of a contract entered into before applicable date – yes – whether contract varied, or other transaction took place, on or after applicable date – no – appeal allowed

Citations:

[2020] UKFTT 207 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 03 February 2022; Ref: scu.651601

Carter and Kennedy v Revenue and Customs: UTTC 1 Dec 2021

STAMP DUTY LAND TAX – discovery assessment – paragraph 30(3)(a) of Schedule 10 to the Finance Act 2003 – whether FTT erred in deciding a hypothetical officer of HMRC could not have been reasonably expected to be aware that an assessment to tax was insufficient on the basis of the information made available when the enquiry period closed – appeal dismissed

Citations:

[2021] UKUT 300 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Stamp Duty

Updated: 03 February 2022; Ref: scu.671220

Immobilien Linz Gmbh and Co Kg v Finanzamt Freistadt Rohrbach Urfahr: ECJ 1 Dec 2011

ECJ (Judgment Of The Court (First Chamber)) Taxation – Directive 69/335/EEC – Indirect taxes – Raising of capital – Article 4(2)(b) – Transactions subject to capital duty – Increase in the assets of a company – Contribution made by a member – Absorption of losses by virtue of an undertaking given before the losses were sustained

ECLI:EU:C:2011:800, [2011] EUECJ C-492/10
Bailii
Directive 69/335/EEC
European

Stamp Duty

Updated: 23 January 2022; Ref: scu.569579

Runham and Naramore v Revenue and Customs: FTTTx 17 Jan 2011

STAMP DUTY LAND TAX – Penalty for late filing of return – Did the loss of return in the post constitute a reasonable excuse – Yes – Did the Appellants’ representative act without unreasonable delay after the excuse had ended – Yes – Appeal allowed

[2011] UKFTT 55 (TC)
Bailii
England and Wales

Stamp Duty

Updated: 23 January 2022; Ref: scu.442832

Vardy Proprties and Another v Revenue and Customs: FTTTx 6 Sep 2012

Stamp Duty Land Tax – avoidance scheme – use of unlimited company to contract for purchase of property, followed by reduction of capital and dividend in specie of the property acquired to its parent company – claim for exemption from SDLT under section 45(3) Finance Act 2003 (sub-sale relief) – whether unlimited company had complied with section 270 Companies Act 1985 requirements for initial accounts in respect of declaration of dividend in specie – held no – whether transactions fell within section 45 – held no (though would have done so if section 270 had been complied with) – intermediate purchaser therefore liable to SDLT on the consideration paid by it – ultimate acquirer exempt from SDLT under para 1, Schedule 3 FA03 (market value substitution in section 53 FA03 being displaced by section 54(3) FA03) – appeal of intermediate purchaser therefore dismissed and appeal of ultimate acquirer allowed – position also considered if the Companies Act point had not arisen – appeal of intermediate purchaser would have been allowed and that of ultimate acquirer dismissed

[2012] UKFTT 564 (TC), [2013] STI 67, [2012] SFTD 1398
Bailii
England and Wales

Stamp Duty

Updated: 23 January 2022; Ref: scu.466188

Merchant and Another v Revenue and Customs (Stamp Duty Land Tax – Purchase of Property With Basement Annex): FTTTx 20 Jul 2020

Stamp Duty Land Tax – Purchase of property with basement annex – Whether SDLT return amended within statutory time limit – Whether amendment should have been accepted by HMRC – Validity of enquiry – Validity of closure notice – Whether eligible for Multiple Dwellings Relief – Appeal dismissed

[2020] UKFTT 299 (TC)
Bailii
England and Wales

Stamp Duty

Updated: 20 January 2022; Ref: scu.653143

Commissioners of Inland Revenue v Muller and Co Margarine: HL 1901

The House considered the liability, or not, to stamp duty of an agreement made in the UK. Under the Stamp Act 1891 an agreement made in the UK for the sale of any estate or interest in any property except lands or property locally situate out of the UK was chargeable with ad valorem stamp duty. The particular agreement was for the sale of the premises of a wholesale manufacturing business which was carried on in Germany together with the goodwill of the business, all of whose customers were in Germany.
Held: The goodwill was property locally situate outside the UK.
Lord Macnaghten said: ‘It is very difficult, as it seems to me, to say that goodwill is not property. Goodwill is bought and sold every day. It may be acquired, I think, in any of the different ways in which property is usually acquired. When a man has got it he may keep it as his own. He may vindicate his exclusive right to it if necessary by process of law. He may dispose of it if he will – of course under the conditions attaching to property of that nature.’ and
‘What is goodwill? It is a thing very easy to describe, very difficult to define. It is the benefit and advantage of a good name, reputation, and connection of business. It is the attractive force which brings in custom. It is the one thing which distinguishes an old established business from a new business at its first start. The goodwill of a business must emanate from a particular centre or source. However widely extended or diffused its influence may be, goodwill is worth nothing unless it has a power of attraction sufficient to bring customers home to the source from which it emanates. Goodwill is composed of a variety of elements. It differs in its composition in different trades and in different businesses in the same trade.’
Lord Lindley said: ‘Goodwill regarded as property has no meaning except in connection with some trade, business, or calling. In that connection, I understand the word to include whatever adds value to the business by reason of the situation, name and reputation, connection, introduction to old customers, and agreed absence from competition, or any of these things, and there may be others which do not occur to me. In this wide sense, goodwill is inseparable from the business to which it adds value, and, in my opinion, exists where the business is carried on. Such business may be carried on in one place or country or in several, and if in several there may be several businesses, each having a goodwill of its own.’
Lord Robertson said: ‘I do not accede to the view that the goodwill is affixed or attached to the manufactory. Supposing that the products of the manufactory were all exported to England and sold to English customers, I should find it difficult to hold that the goodwill was out of England merely because the manufactory was. The application of the words ‘locally situate’ would then present a different question, requiring, I should think, a different answer. Again, if the facts as to the distribution of the products were more complicated, as, for example, if the trade were diffused over England and other countries, then the location of the goodwill would be a more complex, although I do not by any means think an insoluble, problem.
I confess I find no repugnancy in affirming of the goodwill of a business that it is locally situate somewhere. It is, I should say, locally situate within the geographical limits which comprehend the seat of the trade, and the trade. That sounds like a very cautious statement, and fortunately it is enough for the present question. It seems to me that in the statute the distinction drawn is between what from a British point of view we should call British property and foreign property; and the goodwill of a business which begins and ends abroad is, I think, property locally situate outside the United Kingdom.’

Lord Macnaghten, Lord Lindley, Lord Robertson
[1901] AC 217
Stamp Act 1891
England and Wales
Cited by:
CitedCondliffe and Another v Sheingold CA 31-Oct-2007
The defendant had taken an assignment of the goodwill of a restaurant from the company of which she was a director. The plaintiffs as assignees of any claims of the company, now in liquidation, said that she was liable to account to them for the . .
CitedHotel Cipriani Srl and Others v Cipriani (Grosvenor Street) Ltd and Others CA 24-Feb-2010
The claimants owned Community and UK trade marks in the name ‘Cipriani’. The defendants operated a restaurant in London using, under the licence of another defendant, the same name. The claimant sought an injunction to prevent further use of the . .
CitedThe Athletes’ Foot Marketing Associates Inc v Cobra Sports Ltd ChD 1980
The plaintiff, which carried on a retail shoe franchising business mainly in the United States, had prospective franchisee in England but had not commenced trading there. There was an awareness in England of the plaintiff’s trade name and activities . .
CitedStarbucks (HK) Ltd and Another v British Sky Broadcasting Group Plc and Others SC 13-May-2015
The court was asked whether, as the appellants contended, a claimant who is seeking to maintain an action in passing off need only establish a reputation among a significant section of the public within the jurisdiction, or whether, as the courts . .

Lists of cited by and citing cases may be incomplete.

Commercial, Intellectual Property, Stamp Duty

Updated: 19 January 2022; Ref: scu.260189

Lumsden v Inland Revenue: HL 20 Jul 1914

The Finance (1909-10) Act 1910, sec. 2 (2), enacts-‘The site value of the land on the occasion on which increment value duty is to be collected shall be taken to be (a) where the occasion is a transfer on sale of the fee-simple of the land, the value of the consideration for the transfer . . subject . . to the like deductions as are made, under the provisions of this part of this Act as to valuation, for the purpose of arriving at the site value of land from the total value.’
Held, by Lord Chancellor Haldane and Lord Shaw, upholding a decision of the Court of Appeal, that the ‘like deductions’ were deductions calculated from a gross value and total value ascertained by valuation as provided in section 25, not ascertained by reference to the consideration, dissenting Lord Moulton and Lord Parmoor, who held that such gross value and total value should be ascertained by reference to the consideration.

Lord Chancellor (Haldane), Lord Shaw, Lord Moulton, and Lord Parmoor
[1914] UKHL 154, 52 SLR 154
Bailii
England and Wales

Stamp Duty

Updated: 17 January 2022; Ref: scu.620726