HMRC powers and enquiries

FORTHCOMING CHANGES relating to consultations and other developments in respect of (1) HMRC information powers, (2) HMRC data-gathering powers, (3) modernising debt collection for non-paying businesses, and (4) HMRC enquiry and assessment powers: (1) On the 27 April 2023 Tax Administration and Maintenance Day, the previous Conservative government published a call for evidence on how HMRC’s information and data-gathering powers could be updated to enable digital transformation of taxpayer services, improve HMRC’s compliance capabilities, and reduce administrative burden. With a closing date of 20 July 2023, the call for evidence sought views on, among other things: (i) how to reform and improve information and data-gathering from third parties, drawing on international best practice; (ii) opportunities to update HMRC’s third-party information and data-gathering powers and safeguards; and (iii) improvements to the process by which HMRC issues information notices requiring a taxpayer or third party to provide information, data or documents. At Spring Statement 2025, the government published a summary of responses to that call for evidence as Annex C to a consultation entitled 'Better use of new and improved third-party data to make it easier to pay tax right

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Market value, distributions and notional transactions—key SDLT lessons from Tower One St George Wharf Ltd v HMRC

Tax analysis: In Tower One St George Wharf Ltd v HMRC, the Court of Appeal considered the basis on which stamp duty land tax (SDLT) should be assessed and whether that resulted in SDLT being paid on the market value, the actual consideration paid, or on some other basis for a complex transaction within a corporate group. The taxpayer argued that the ‘Case 3’ exception under section 54(4) of the Finance Act 2003 (FA 2003) applied, which would result in SDLT being charged on the actual consideration. HMRC argued that the exception did not apply, which would result in SDLT being paid on the market value of the property. Alternatively, HMRC argued that if the exception did apply then the anti-avoidance provisions at FA 2003, s 75A applied, potentially resulting in an even higher SDLT charge. The Court of Appeal held that although the Case 3 exception applied, the anti-avoidance provision in FA 2003, s 75A also applied. This resulted in SDLT being assessed on an aggregate amount that was even higher than the property's market value (although HMRC did not seek to increase its assessment beyond market value). Therefore, the appeal was dismissed. As explained by Jon Stevens, partner, and Rory Clarke, solicitor, at DWF Law LLP, this decision deals with the interaction of a number of complex SDLT provisions and clarifies the SDLT provisions relating to transfers to connected companies and the SDLT anti-avoidance provisions, with implications for corporate structuring and tax planning.

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