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Walk in the woods
Key points
- A property developer claimed woodland was commercial for stamp duty land tax purposes.
- The First-tier Tribunal agreed with HMRC that there was no evidence of commercial use.
- Importance of ability to show that woodlands were used commercially before and after completion of a sale.
- Other advantages of using woodland for commercial purposes.
In The How Development 1 Ltd (TC8194) the First-tier Tribunal determined that the purchase of a substantial property and grounds consisted entirely of residential property and was subject to higher residential rates of stamp duty land tax.
This case shows that to help the future purchaser of a property with large grounds it is important to plan ahead for stamp duty land tax considerations. We are not suggesting that in these situations there is scope to create a case for mixed use when in reality there is none. Rather one should look...
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