19 August 2021

G C Field & Sons Ltd & Others v HMRC; (FTT)

The taxpayers had used SDLT planning in 2013.  Because they had disclosed this to HMRC who had not opened enquiries, HMRC needed to show that they or their advisors were careless in order to collect the tax.  HMRC argued that it was careless not to amend the SDLT returns after the passage of the Finance Act 2013 which required such amendment. HMRC were unable to show that either the taxpayers or their advisors were careless.

Thomas Chacko, counsel, instructed by Spector Constant and Williams Ltd. for the Appellants.

You can read the judgment here.