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Private client review for March 2019

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In Smith v Stanley, the court considers whether it has jurisdiction to set aside the trustees’ deed terminating a life interest made in reliance upon incorrect tax advice. In Negka v HMRC, the FTT confirms that if information has been voluntarily disclosed to HMRC by the taxpayer in another context it will be difficult for HMRC to show careless omission by the taxpayer as the basis for a discovery assessment against them. A consultation opens on the proposed 1% SDLT surcharge for non-residents. In P N Bewley Ltd v HMRC, the FTT considers the definitions of ‘dwelling’ and ‘residential’ for the purposes of establishing the applicable SDLT rate.
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