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Enquiry was opened in time and property did not replace only or main residence

By Mark McLaughlin, March 2023

An enquiry into the appellant’s stamp duty land tax return was opened within the statutory time limit, and the relevant property was not a replacement for the appellant’s only or main residence. 

On 23 July 2018, the appellant purchased a residential property (SR) in London. Renovation works took place between 23 July 2018 and 28 August 2018. The appellant moved into SR on 29 August 2018 for ten days; he slept there, moved his clothes in, and entertained his friends there. However, the appellant wished to live elsewhere. He had decided before moving into SR to sell it and buy a new build flat (LC) in Loughton.   

The appellant sold SR on 25 October 2018. He completed the purchase of LC on 30 October 2018. The appellant submitted a stamp duty land tax (SDLT) return, which did not include any charge to higher rate tax SDLT on the basis that he was treating LC as a replacement for SR as his only or main residence. <>

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