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HMRC's Official Guidance on

 
Patrick Cannon examines the official guidance on s 75A and asks whether HMRC really does have carte blanche to decide if the 'correct' amount of SDLT has been paid
 
HMRC issued official guidance on s 75A on 15 August 2007 in its SDLT Technical News issue 5. The guidance follows the increasingly familiar approach by HMRC in that it offers little if any detailed reasoning as to why particular legislation should apply in any given situation by reference to the statutory wording of the relevant provisions. Instead there is simply a series of assertions as to how the legislation will be applied by HMRC. As such the guidance implies that s 75A is to be regarded as little more than an administrative edict which purports to give HMRC general discretion to attack those transactions...

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