Homeowner wins Stamp Duty loophole ruling

In a ruling that could have wider implications for HMRC’s Stamp Duty classifications, a First-tier Tribunal has found that a property that is crossed by a public towpath is not “entirely residential” and therefore not liable for higher residential rates of Stamp Duty Land Tax.

The case concerned a £4.5m Thames-side home purchase in Marlow, Buckinghamshire, which HMRC treated as wholly residential, applying the top residential SDLT rates and charging £586,250.

The buyers challenged that assessment, arguing that a section of the Thames Path running through the land meant the purchase should be treated as mixed-use for SDLT purposes. They said the correct liability was £214,500. HMRC, though, refused to repay the difference.

Judge agrees

The tribunal, however, described the path as a “busy section of a busy public right of way” and concluded that, given the level of public access, it did not form part of the property’s grounds. The judge ruled: “It follows that the property does not consist entirely of residential property and therefore the appeal succeeds.”

Under SDLT rules, higher residential rates apply only where a transaction consists entirely of residential property.

Tim Stovold (pictured), Head of Tax at accountancy firm Moore Kingston Smith, told the Telegraph: “This is another in a series of cases where a taxpayer was able to argue that their purchase included a house and something else.”

This argument is often used when a storage facility or a paddock is acquired with a property, which can be a more marginal case.”

He added: “This argument is often used when a storage facility or a paddock is acquired with a property, which can be a more marginal case. But a towpath, similar to a public footpath, was readily accepted by the tribunal as not part of the grounds of the house.”

Although it does not set a binding precedent, the ruling will add weight to arguments that land subject to a public right of way should not form part of a dwelling’s “grounds” for SDLT. HMRC says it is now “considering the judgement”, and may appeal.

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Author: Gemma