HM Revenue and Customs Brief 08/13
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Issued 15 April 2013
Purpose of this Brief
The purpose of this Brief is to explain HM Revenue &
Customsí (HMRC's) policy on the treatment of Stamp Duty Land Tax (SDLT)
following the decision of the Tax Tribunal in the case of Robinson
Family Ltd. ( UKFTT 360 (TC), TC02046). This
information should be read in conjunction with Revenue &
Customs Brief 30/12.
This Brief is for traders who enter into property transactions
(other than solely as an occupier), and their advisers.
To note the contents of this Brief.
Revenue & Customs Brief 30/12 sets out policy changes
in relation to transfers of a going concern (TOGC) following the
Tribunalís decision in the Robinson Family Ltd
case. HMRC said that they would provide guidance on the adjustment of
Stamp Duty Land Tax (SDLT). This Brief does this.
Stamp Duty Land Tax
There may be situations where for a variety of reasons, not
just those discussed in Brief 30/12, tax was charged on the grant of an
interest in land when in fact the transaction qualified as the transfer
of a going concern, and no VAT was chargeable. This would have resulted
in SDLT being assessed on a VAT-inclusive value rather than a
If a business believes that it has overpaid SDLT on such a
transaction, it may make a claim for overpayment relief. The
legislation relating to such claims is at schedule 10, paragraph 34, FA
The criteria that must be met and the exclusions from claims
are set out at paragraph 34A of Schedule 10. Guidance can be found in
the Stamp Duty Land Tax Manual (SDLTM) at SDLTM52500 and 54000.
Case G (liability calculated in accordance with practice
generally prevailing - SDLTM54170) will not apply to exclude a claim
where the amount of the chargeable consideration has been reduced as a
result of a reduction in VAT following this case.
Claims must be made within four years of the date of
transaction. HMRC will be unable to accept any refund requests for
transactions that took place more than four years before the date of
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Article Published/Sorted/Amended on Scopulus 2013-04-18 12:51:35 in Tax Articles