In D Wilby v HMRC [2022] UKFTT 348 (TC) (8 September 2022) the FTT upheld the validity of a discovery assessment issued by HMRC in respect of SDLT relating to a property purchase notwithstanding the inability to identify the decision-making officer.
The discovery assessment related to an acquisition of residential property effected in June 2008. The discovery assessment was issued primarily on the basis that investigations by HMRC indicated that there was a substantial discrepancy between the consideration for the acquisition included in the TR1 (and hence the consideration recorded by the Land Registry) and that included in the land transaction return submitted in respect of the transaction (the return) with the result that by reference to the information in the return no SDLT was payable in respect of the transaction.
In addition the inclusion of the appellant’s agent’s details in the return represented another risk indicator since...
