Richard Curtis considers, In light of the Upper Tribunal's decision in Hyman, Pensfold and Goodfellow, the meaning of garden and grounds for stamp duty land tax and capital gains tax purposes.
The capital gains tax (CGT) implications for the seller of an only or main residence will be familiar to most, but this is not the only charge that might arise on a land transaction, and stamp duty land tax (SDLT) may also be relevant.
Historically, many advisers have left this to the solicitor dealing with the purchase, but changing rules, rates, conditions, and exemptions have increased its relevance to tax practitioners and accountants. FA 2003, s 42 imposes a charge and section 55 states that the rate payable (by the buyer) will be in accordance with Table A (ranging from 0% to 12%) if the relevant land 'consists entirely of residential property' or Table B (from 0% to 5%) if it 'consists of or includes land that is not
