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HMRC are inviting claims for overpaid stamp duty land tax (SDLT) from charities that purchased a property jointly with a non-charity purchaser.
HMRC are inviting claims for overpaid stamp duty land tax (SDLT) from charities that purchased a property jointly with a non-charity purchaser.
The move comes in light of the Court of Appeal’s decision in favour of the taxpayers in Pollen Estate Trustee Company Ltd and King’s College London v CRC. The court ruled that relief from SDLT under FA 2003, sch 8 para 1 is available on the charity’s share of a property bought jointly with another party that is not a charity
Claims must be made in a land transaction return or in an amendment to a return. Relief is limited to circumstances in which the charity used the greater part of its share of the property for a charitable purpose, and is subject to a test based on the extent to which the charity’s share is used for charitable purposes.
Buyers who wish to make an amendment to their land transaction return should write to Birmingham Stamp Office, 9th floor, City Centre House, 30 Union Street, Birmingham B2 4AR. Details of the amendment and the unique transaction reference number for the original land transaction must should be included.
HMRC will contact the taxpayer to discuss the details of the case if they are enquiring into the relevant land transaction return.
