Hyman and another v Revenue and Customs Commissioners

Stamp duty – Repayment. The Revenue and Customs Commissioners (HMRC) had correctly decided that the whole of the property owned by the taxpayers was residential property for the purposes of stamp duty land tax (SDLT) and accordingly, that tax had been correctly paid on that basis. The First-tier Tribunal (Tax Chamber) so held in dismissing the taxpayers' appeal against HMRC's decision to reject their claim for refund of SDLT. The FTT took the view that for SDLT purposes, 'residential property' meant a building that was used as a dwelling and land that was or formed part of the garden or grounds of the dwelling including a building on such land. 'Grounds' had, and was intended to have, a wide meaning.

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