Focus on real commercial purpose

From the tribunals

The need to focus on trade over mere investment has been emphasised in many tax cases and throughout previous editions of FTB. In a recent mixed use Stamp Duty Land Tax (SDLT) case in the First-tier Tribunal (FTT), Ferguson and Another v Revenue and Customs [2026] UKFTT 238 (TC), the FTT found that residential SDLT rates applied on a property purchase when a "let paddock" formed part of the grounds. Whilst the number of mixed usage SDLT tribunal cases flowing through the courts has been high, Ferguson does contain some amusing and significant points that are worthy of review by farm tax advisers.