A Wing And Some Layers

Has there been a failure to consult properly on the drafting of stamp duty land tax provisions? PATRICK CANNON describes some anomalies and problems for tax and property advisers.

MORE CONSULTATION DOES not necessarily mean better legislation. Stamp duty land tax (SDLT) was probably the most consulted upon tax in history and yet from the start it has been clear that the legislation contains many anomalies and uncertainties. How can this be?

The main cause seems to have been that the Revenue went into 'purdah' when detailed legislative drafting began. The Revenue appears to have advised the minister that the risks from involving consultees in the detailed drafting were too great to allow this to happen. The Revenue was probably concerned that some consultees would trick them into allowing loopholes or would gain valuable inside knowledge about for instance where the Revenue felt that certain provisions might be...