(1) David Hannah (2) Carla Hodgson v The Commissioners for HM Revenue and Customs [2021] UKUT 0022 (TCC)
Upper Tribunal Tax and Chancery decision of Mr Justice Morgan and Judge Swami Raghavan on 2 February 2021
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SDLT鈥� contract and conveyance 鈥� effective date of land transaction 鈥� contract provided for purchaser to grant an annuity 鈥� annuity held on trust for purchaser pending completion of contract 鈥搘as contract substantially performed before completion? 鈥� annuity redeemed between contract and completion 鈥� what was consideration for the conveyance? 鈥� application of anti-avoidance provisions - discovery assessment 鈥� was discovery assessment 鈥渟tale鈥�? 鈥� could HMRC have been reasonably expected to have been aware of insufficiency of tax? 鈥� penalty notice 鈥� was the inaccuracy in the return deliberate? 鈥� Finance Act 2003, ss 44, 52, 75A, sch 4 para 1, sch 10 para 30, Finance Act 2007, sch 24 paras 1, 3