This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Houses and land were not ‘mixed use’ but entirely residential property

By Mark McLaughlin, July 2021

The appellants unsuccessfully contended that house and land transactions were partly residential and partly non-residential for the purposes of determining the stamp duty land tax thereon. 

Three separate appeals were made to the Upper Tribunal (UT) on the same point of law about the meaning and effect of FA 2003, s 116, which contained a definition of residential property. Each of the three cases (H, P and G) concerned the sale of a house together with an area of land.  

The issue in each case was whether all the land sold together with the house “[was] or form[ed] part of the garden or grounds of” the house. The rate of stamp duty land tax payable on the total consideration for each sale depended on the answer to that question. It was in the appellants’ interest to

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Property did not comprise a mixture of residential and non-residential property
By Mark McLaughlin, May 2026
Property and annexe comprised two dwellings for multiple dwellings relief purposes
By Mark McLaughlin, May 2026
HMRC enquiry into a ‘voluntary’ return was valid, and closure notice was not out of time
By Mark McLaughlin, June 2023
It was not ‘reasonable in all the circumstances’ not to take corrective action
By Mark McLaughlin, July 2021
Property and basement annex did not each count as a dwelling
By Mark McLaughlin, October 2020