Qualifying Property Rental – Stamp Duty Relief
SDLT – higher threshold interest 15% rate – relief for a qualifying property rental business – intention that a non-qualifying individual be permitted to occupy a dwelling on the land (paragraph 5(2), Schedule 4A, FA 2003) – whether a non-qualifying individual was permitted to occupy the dwelling during the control period (paragraphs 5G(2) and 5G(3)(c), Schedule 4A, FA 2003) – meaning of ‘occupation’ – Abbey National v Cann considered – representative occupation for legitimate business purposes – purchase from a connected LLP – sum of the lower proportions calculation (paragraphs 18 and 20, Schedule 15, FA 2003) – identity of the relevant owners – ‘control’ (s.1122 CTA 2010) – attribution of control to associates (s.451(5)(b) CTA 2010) – R v CIR ex p Newfields Developments Limited and Gascoines Group Ltd v HMRC considered – appeal dismissed
Austen HHJ
[2020] UKFTT 404 (TC)
Bailii
Finance Act 2003
England and Wales
Citing:
Cited – Abbey National Building Society v Cann HL 29-Mar-1990
Registered land was bought with an advance from the plaintiff. The transfer and charge were registered one month later, but in the meantime, the buyer’s parents moved in. When the buyer defaulted, his mother resisted possession proceedings, saying . .
Cited – Principal and Fellows of Newnham College In the University of Cambridge v Revenue and Customs HL 16-Apr-2008
A new library had been built for the college. A company owned by the college took a lease of it from the college, and reclaimed the input tax paid on construction. The company managed the library.
Held: The Revenue’s appeal failed. The . .
Cited – Henkes v Revenue and Customs (Procedure – Application for Final and Partial Closure Notices) FTTTx 20-Mar-2020
PROCEDURE – application for final and partial closure notices – appeal against an information notice – whether the First-tier Tribunal has the jurisdiction to determine (and, if so, should determine) the Appellant’s domicile as a preliminary issue . .
Cited – Regina v Inland Revenue Commissioners, ex parte Newfields Developments Ltd HL 21-Jun-2001
Tax relief for smaller companies was to be reduced where a person controlling the company was associated with other companies. The taxpayer was found to be in control of two companies by virtue of her associations with two trusts with control of two . .
Cited – Gascoines Group Limited, Newark Cattle Market Company Limited, Saracens Securities Limited v HM Inspector of Taxes ChD 30-Mar-2004
Small companies relief – associated companies
Lightman J said: ‘As is apparent from its terms associated companies are defined in section 13(4) of the 1988 Act as companies of which one company controls or is controlled by another or which are . .
Lists of cited by and citing cases may be incomplete.
Stamp Duty
Updated: 10 November 2021; Ref: scu.655357