21 January 2022

Oisin Fanning v HMRC; (UT)

The Upper Tribunal released its Decision in Oisin Fanning v The Commissioners for Her Majesty’s Revenue and Customs.

Elizabeth Wilson QC acted for HMRC in this case which concerns SDLT subsale relief and its application to options. The judgment provides guidance on the use of a Respondents Notice in light of HMRC v SSE Generation Ltd. It also indicates that the correct time to challenge the use of a Respondents Notice is by means of a reply following its service.

To view the judgment, please click here.