Flat with defective cladding was a dwelling (Fish Homes v HMRC)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Tax analysis: In Fish Homes v HMRC, the First-tier Tax Tribunal (FTT) held that a flat with defective cladding was suitable for use as a dwelling for the purposes of the 15% rate of Stamp Duty Land Tax (SDLT). Although the taxpayer carried out a property rental business and the flat was acquired for the purposes of that business, a non-qualifying individual was permitted to occupy the flat within three years of the effective date of acquisition so relief from the 15% rate was clawed back.