A “contrived” attempt at tax avoidance by declaring a pool house as a separate dwelling to a property has been prosecuted by the Inland Revenue. Alexander and Rebecca Clark had claimed Multiple Dwelling Relief on their six bedroom property in Berkshire.
The £2 million house on Bethesda Street, Upper Basildon, included an attached wing with one bedroom over the double garage and an indoor pool. Estate agents described the property as an “exceptional, individual, architecturally designed country residence”.
In 2021, following advice from their tax advisers, the couple claimed the wing was a separate dwelling that did not form part of the main house. As such, they claimed relief on Stamp Duty Land Tax (SDLT) on the basis that a lockable glass door separated the two individual dwellings. At tribunal, they claimed that neither dwelling needed the swimming pool, but sharing the pool would require the glass door to be unlocked.
Judge Ruthven Gemmell said “The concept of a one bedroom (which also served as a living room) property, with a hallway, small kitchen and WC/shower room, with a swimming pool, some four times the area of the latter three areas, was contrived.”
The Clarks must now pay the outstanding tax bill of £81,250.
Multiple Dwelling Relief (MDR) was abolished in June 2024, although in some instances it can still be retrospectively claimed.
MDR was created in 2011 to encourage investment in residential property. It allowed the buyers of multiple properties a reduction in stamp duty charges when two or more dwellings were included in one purchase or a series of linked purchases. To qualify as a dwelling, the building, or part of the building, must have been used, or be suitable for use, as a single dwelling or be in the process of construction or adaptation for such use. A dwelling should also have its own kitchen, lockable doors and separate utility meters.
MDR could save the buyers of multiple properties a considerable amount of money. For instance, a landlord buying one property for a total of £1 million would pay around £90,000 SDLT. MDR meant the five properties could be valued at £200,000 each, resulting in a bill of just £50,000.