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The SDLT Relief That Never Was

Gordon Keenay KPMG and Rupert Shiers McGrigors LLP review the very first tribunal decision on SDLT and how it will affect the interpretation of tax statutes tax policy administration and future SDLT disputes
SDLT has at last acquired some case law of its own. The recent decision of the Special Commissioners in Elizabeth Court (Bournemouth) Ltd v HMRC (SpC 648 sitting on 31 October 2007) illuminates the meaning of one relief in the SDLT statute. It is of wider interest because it is an example of how the Courts resolve an ambiguity in tax law which may result from policy or administrative failure. Sadly the taxpayers lost their appeal to obtain a relief against SDLT enacted in 2003 on the basis that the relief cannot yet apply to...

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