UK: Stamp duty land tax relief unavailable for tax avoidance transaction (Upper Tribunal decision)
The “main purpose” was the avoidance of corporate income tax.
The Upper Tribunal upheld a First-tier Tribunal decision in The Tower One St George Wharf Ltd v HMRC (2024) that stamp duty land tax (SDLT) group relief was not available on a group transfer because it formed part of an arrangement the “main purpose” of which was the avoidance of corporate income tax.
The taxpayer contended that if group relief were not available, the taxpayer nonetheless qualified for the exemption from the connected persons SDLT market value charge for a distribution of assets for which group relief has not been claimed in respect of the property within the period of three years before the effective date of the transaction, because its claim for group relief was made on the effective date of the transaction and not in the preceding three year period. However, like the First-tier Tribunal, the Upper Tribunal rejected the taxpayer’s contention.
Read a December 2024 report prepared by the KPMG member firm in the United Kingdom
For a more detailed discussion of the tribunal’s application of the “main purpose” test, read a December 2024 report prepared by the KPMG member firm in the United Kingdom