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Stamp duty Charities Relief: take care if a joint purchaser!


HM Revenue & Customs ("HMRC") has surprisingly won a recent case in the Upper Tax Tribunal relating to Charities Relief (Pollen Estate and Kings College London ("KCL") v Commr HMRC 2012 UKUT 277 (TCC)).

The case involved a joint purchase by KCL and one of its senior employees of a residential property in the proportions 46.3% and 53.7% respectively. Readers will be aware that SDLT Charities Relief applies to the acquisition of UK land by a charity where certain conditions are met, including that the property will be held for the charitable purposes.

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