This case concerned stamp duty land tax and the acquisition of a chargeable interest in land. The issue was whether an agreement between the purchasers and the vendor, which reserved the purchasers’ right to buy a residential property, constituted an “option” and/or a “right of pre-emption”. The court also considered whether the acquisition of the option and/or right of pre-emption constituted a separate land transaction chargeable at the non-residential or mixed rate. A further issue was whether the acquisition of the option and/or right of pre-emption and the subsequent acquisition of the lease of the residential property were linked transactions. The relevant provisions were sections 43, 46, 48, 108 and 116 of the Finance Act 2003. For more information, please view the judgment below:
