Thursday 5 October 2023
By Appellant’s Notice filed on 7 September 2022, HMRC appeal the Order of Mr Justice Adam Johnson and Judge Thomas Scott (Upper Tribunal Tax Chamber) dated 7 July 2022, by which the UT directed that the question of the market value of the subject matter of the land transactions in the appeals against the Closure Notices shall be referred for determination by the Upper Tribunal (Lands Chamber).
The Appeal arises out of a case management decision. Where a taxpayer appeals against HMRC’s determination of the stamp duty land tax (“SDLT”) due on a land transaction, the legislation provides that any disputed question of the market value of the land shall be determined by the Upper Tribunal (Lands Chamber) on a referral by the tribunal. The Appellants applied to the First-tier Tribunal (“FTT”) for such a referral of the question of market value in their appeals, and HMRC objected. Those appeals related to the SDLT chargeable on the grant of leases to the Appellants as part of the arrangements for the development of the London Gateway.