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SDLT refunds: HMRC guidance

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Revenue & Customs Brief 08/13 provides guidance for businesses that may have overpaid SDLT because VAT was charged on the grant of an interest in land when the transaction qualified as the transfer of a going concern and no VAT was chargeable. The guidance should be read in conjunction with Brief 30/12, which discussed the conditions for treatment as a TOGC in the light of the tribunal’s decision in Robinson Family Limited v HMRC TC 2046.

HMRC’s Stamp Taxes Bulletin 1/2013 includes items on the abolition of disadvantaged areas relief, the new annual tax on enveloped dwellings (ATED), reliefs to be set against the 15% rate of SDLT where holding a residential property in a company is a sensible commercial choice, and the correct bank account details for payments of SDLT.