STAMP DUTY LAND TAX – 2022

8.45 – 9.20 Welcome

(Tea, coffee and pastries)

9.20 – 9.30 Chairman’s Introduction

Sean Randall, Blick Rothenberg

09.30 – 10.15 Residential Case Study 1

Purchase of country estate, including derelict dwelling, annex and paddocks by individual for occupation.
– What is a “dwelling”?
– What are “grounds”?
– Mixed-use vs MDR – which offers the most saving vs the lowest risk?
– Can you fall back on MDR if mixed-use is challenged?
– Higher rates and replacement main residence exception
John Shallcross, Blake Morgan

10.15 – 10.35 Residential Case Study 2

Purchase of bare land with planning permission for a mixed-use, serviced apartments or senior living by a non-resident.
– When is a building “in the process”?
– Interaction of higher rates and mixed-use
– Non-resident surcharge
– Is serviced apartments / senior living “residential”?
Paul Clark, Cripps Pemberton Greenish

10.35 – 11.00 Residential Consultation

Consultation on mixed-use and multiple dwellings transactions
– Background to the consultation
– The proposed changes
– Likely timing
– Implications
Paul Clark, Cripps Pemberton Greenish

11.00- 11.15 Break

(Tea, coffee and biscuits)

11.15 – 12.00 Development Case Study

– Occupier wants to raise £30m through sale and leaseback
– Risk investor can fund £10m but needs to raise a further £20m by carving out ground rent interest to pension fund investor
– Application of leaseback relief, group relief, sub-sale relief and exchange rules to some possible structuring options
Toby Price, Deloitte

12.00 – 12.45 Corporate Deal Case Study

Purchase of a property via a corporate deal plus restructure
– Basic DD points
– W&I and insurance
– Procuring the repayment of existing debt (using debt or equity) and other completion mechanics
– Distribution post completion – timing / method / etc.
– The SDLT GAAR
Elizabeth Small and Heather Corben, Forsters

12.45 – 13.45 Lunch

13.45 – 14.30 Corporate Restructure Cast Study

Demerging a property-investment business
– Getting group relief
– And retaining it
– Getting tax clearances
– Managing risk
Sean Randall, Blick Rothenberg

14.30 – 15.15 De-enveloping Case Study

– HMRC’s guidance on shareholder debt and its utility
– Removal of debt prior to liquidation
– What is the impact of Section 75A
– Variations for corporate purchasers
– Practical solutions?
Michael Thomas, Pump Court

15.15 – 15.30 Tea

15.30 – 16.00 Corporate Purchaser Case Study

Purchase of a dwelling by a company
– Super rate and ATED reliefs
– Is there ‘non-qualifying” occupation”?
– Are the reliefs clawed back?
– How to show purpose and use
Sean Randall, Blick Rothenberg

16.00 – 16.45 Litigation and Risk Management

– Overview of recent case law
– Dealing with HMRC (including when and when not to seek clearances)
– Professional negligence and SDLT
– Managing risk
Michael Thomas, Pump Court

16. 45 – 17.00 Q&A

17.00 – 17.05 Conference Closes

The conference will be followed by a drinks reception