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Annexe was suitable for use as a dwelling

03 February 2025
Issue: 4971 / Categories: Tax cases
C Johnson (TC9404)

The taxpayer bought a residential property which consisted of a main house and a self-contained annexe.

He submitted his stamp duty land tax (SDLT) return on the basis that the tax due was at the residential rate. But six months later he claimed a repayment saying multiple dwellings relief (MDR) should apply.

HMRC disagreed saying at the point of completion the property consisted of a single dwelling and the annexe did not satisfy the test in FA 2003 Sch 6B para 7(2)(a) – that it was suitable for use as a single dwelling.

The taxpayer appealed.

The First-tier Tribunal noted that the annexe had among other things a lockable front door fully fitted kitchen and bathroom its own living area a bedroom its own boiler fuse box and stopcock and its own council tax bill. An interconnecting door between...

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