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Matter of multiplication
Key points
- Multiple dwellings relief allows SDLT to be calculated by reference to the average consideration.
- Planning permission may not be a definitive clue as to whether multiple dwellings relief is due.
- Is a dwelling suitable for use on a stand-alone basis?
- Did the advice fall below the standard that could be expected of a reasonably competent practitioner?
- Retain records to show that multiple dwellings relief was considered.
Tax practitioners involved with stamp duty land tax will probably have encountered letters that are sent to homeowners purporting to recover a tax refund on the basis of multiple dwellings relief (MDR); a phenomenon probably attributable to the media coverage of ‘granny annexes’ during the passage of FA 2016 (discussed below). A corollary of this in my experience is the rise in claims for professional negligence against conveyancing solicitors for failing to advise on or failure to submit a...
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