BTR Core Fund JPUT v HMRC: Stamp Duty Land Tax overpayment relief

The FTT has dismissed the taxpayer’s appeal against HMRC’s refusal to allow an overpayment relief claim for SDLT of £3m.  Multiple Dwellings Relief was correctly claimed in the taxpayer’s original SDLT return but the amount of tax due was mistakenly calculated using the higher rates in FA 2003, Sch.4ZA.  The issue was whether tax was overpaid “by reason of… a mistake in a claim” per Case A of FA 2003, Sch.10, para.34A.  The FTT held that it was.  The case raises important questions about the distinction between the concepts of “claim”, “relief” and “tax chargeable” as well as issues about the construction of the SDLT return.

Hui Ling McCarthy KC acted for the Appellant.

The decision can be found here.