THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS v DANIEL RIDGWAY [2024] UKUT 00036 (TCC)
Upper Tribunal Tax and Chancery decision of Judge Jonathan Cannan and Judge Vimal Tilakapala on 09 February 2024
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STAMP DUTY LAND TAX � mixed use property � section 116 Finance Act 2003 � suitable for use as a dwelling � relevance of covenant in a lease not to use the premises for residential purposes � relevance of planning law restrictions � whether the FTT failed to take into account all relevant factors � enquiry into land transaction return � HMRC concluding that not mixed use property � absence of any claim for multiple dwellings relief in the return or an amended return � whether HMRC should have given the benefit of multiple dwellings relief when closing the enquiry