Oisin Fanning v The Commissioners for HM Revenue and Customs – Judgement –

Oisin Fanning v The Commissioners for HM Revenue and Customs – Judgement –

Julian Hickey appeared for Mr. Oisin Fanning on his appeal from the FTT concerning SDLT planning.  The Upper Tribunal (Mr. Justice Miles and Judge Richards) dismissed the appeal on the basis that the grant of a sale option in respect of a property was not within s45(1)(b) of Finance Act 2003. In the view of the Upper Tribunal the grant of an option is not an “other transaction… as a result of which a person other than the original purchaser becomes entitled to call for a conveyance to him…”.  Accordingly, the particular SDLT planning failed.

A copy of the decision can be found HERE.

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