The First-tier Tribunal did not make an error in deciding that a hypothetical HMRC officer could not have been reasonably expected to be aware that a stamp duty land tax assessment was insufficient based on information made available when the enquiry period for the relevant return closed.

In 2009, the appellants participated in a tax avoidance scheme (‘Hummer’) in connection with their purchase of a residential property in London. The scheme was designed to take advantage of the rules for subsales of property (FA 2003, s 45). The appellants filed a stamp duty land tax (SDLT) return within the statutory time limit. HM Revenue and Customs