FTT finds that mixed-use SDLT rates applied to the acquisition of an apartment with a basement storage unit (Sehgal v HMRC)
Tax analysis: In Sehgal v HMRC, the First-tier Tax Tribunal (FTT) allowed the taxpayers’ appeal, finding that a lease of a basement storage unit, acquired with a residential apartment under a single contract but with its own Land Registry title, was not ‘residential property’ as it did not subsist for the benefit of the apartment. As a result, the relevant land did not consist ‘entirely’ of residential property and mixed-use (non-residential) rates of SDLT applied.