FTTTx STAMP DUTY LAND TAX – sale of property with subsequent Shari’a – compliant sub-sale and lease-back – no SDLT paid pursuant to sections 45(3) and 71A Finance Act 2003- application of section 75A Finance Act 2003- anti-avoidance provision – approach to interpretation of section 75A – identification of ‘V’ and ‘P’ within section 75A(1) Finance Act 2003-‘scheme transactions’- meaning of ‘involved in connection with’- calculation of SDLT under section 75A(5)- whether indirect discrimination contrary to Article 14 of the European Convention on Human Rights -HMRC arguing that tax undercharged in amendment by closure notice to SDLT return: onus of proof – paragraph 42 Schedule 10 Finance Act 2003 – whether correct return amended- appeal dismissed- SDLT undercharged in amendment to return
Guy Brannan J
[2013] UKFTT 378 (TC)
Bailii
England and Wales
Cited by:
At FTTTx – Project Blue Ltd v Revenue and Customs UTTC 18-Dec-2014
Stamp Duty Land Tax – Sale and sub-sale of large development site – Application of Finance Act 2003, section 45(3), in the form current in 2007 and 2008 – Sub-sale to financial institution – Interpretation and application of Finance Act 2003, . .
At FTTTx – Project Blue Ltd v Revenue and Customs CA 26-May-2016
The company had purchased the site of the former Chelsea barracks. It was in turn owned by the Qatari sovereign wealth fund, which financed the purchase by a Sharia compliant loan scheme, which was implemented creating a lease and buy back . .
At FTTTx – Project Blue Ltd v Revenue and Customs SC 13-Jun-2018
The purchaser of land created a sub-sale and leaseback with bank so as to fund the purchase in a manner which would comply with Islamic finance principles. The Court was now asked whether purchaser or the bank were liable for stamp duty land tax on . .
Lists of cited by and citing cases may be incomplete.
Stamp Duty
Updated: 02 November 2021; Ref: scu.513514
