ARTICLE
14 August 2013

Court Of Appeal Decides That Sub-Sale Relief Did Not Apply To The DV3 Scheme

In a recent case, the Court of Appeal has allowed HMRC's appeal against the Upper Tribunal's decision appeal against the Upper Tribunal's decision.
United Kingdom Tax

Summary and implications

In HMRC v DV3 RS Limited Partnership [2013] EWCA Civ 907 the Court of Appeal has allowed HMRC's appeal against the Upper Tribunal's decision. The case involves the implementation of a blatant SDLT planning scheme. The key points to note from the Court of Appeal's decision are:

  • the Court of Appeal refused to be drawn into a parallel world of SDLT and insisted on having regard to what was happening in the "real world";
  • this is the fourth successive victory for HMRC in their continuing battle against SDLT avoidance; and
  • the subsequent introduction of anti-avoidance measures means that a similar scheme would not be feasible today.

To read more, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More