Following the Tax Tribunal decision in Robinson Family Ltd. [2012] UKFTT 360 (TC), TC02046, regarding the transfer of a going concern, HMRC issued Revenue & Customs Brief 30/12 and invited claims. They have now issued Revenue & Customs Brief 08/13 which provides guidance on the adjustment of Stamp Duty Land Tax (SDLT). They state:
“there may be situations where for a variety of reasons, not just those discussed in Brief 30/12, tax was charged on the grant of an interest in land when in fact the transaction qualified as the transfer of a going concern, and no VAT was chargeable. This would have resulted in SDLT being assessed on a VAT-inclusive value rather than a VAT-exclusive one. If a business believes that it has overpaid SDLT on such a transaction, it may make a claim for overpayment relief.”