Christian Candy fails in bid to recover almost £2m in stamp duty
Property developer Christian Candy has failed in his bid to reclaim £1.9m in stamp duty land tax relating to his purchase of a £20m Georgian villa in Chelsea now inhabited by his brother Nick.
The case, which highlights how complicated the operation of stamp duty can become in some circumstances, arose because Christian Candy transferred the property, Gordon House, to his brother before the sale had been completed.
Both brothers filled in the necessary stamp duty forms and, after the sale, Christian Candy applied for a refund. However, the tax office refused.
Property developer Christian Candy has failed in his bid to reclaim £1.9m in stamp duty land tax relating to his purchase of a £20m Georgian villa in Chelsea now inhabited by his brother Nick.
The case, which highlights how complicated the operation of stamp duty can become in some circumstances, arose because Christian Candy transferred the property, Gordon House, to his brother before the sale had been completed.
Both brothers filled in the necessary stamp duty forms and, after the sale, Christian Candy applied for a refund. However, the tax office refused.
The Candy brothers challenged the ruling, and the case has flip-flopped though the tax courts, ending up in the Court of Appeal.
In a ruling handed down today (3 November), the court found that HMRC was not taxing the same transaction twice because “in effect [Christian Candy] sub-sold the property to his brother”.
“I see no reason why [Christian Candy] should be entitled to a refund in the circumstances,” the judge, Lady Justice Simler, ruled.
Christian Peter Candy v Commissioners for HM Revenue & Customs
Court of Appeal (Simler LJ, Arnold LJ, Nudge LJ) 3 November 2022
Photo © Mark Thomas/Shutterstock
