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United Kingdom mortgagesguarantees and indemnities

Project Blue Ltd v HMRC

[2018] UKSC 30
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2018
StatusBinding authority

Summary

SDLT applies to Shari'a-compliant property purchase structures such that an additional SDLT charge arises on the sub-sale element of Islamic finance arrangements.

Key Principle

SDLT on Islamic finance arrangements; Shari'a-compliant property purchase structures; whether additional SDLT charge arises on sub-sale

Area of Law

tax

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Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503

Statutory interpretation in tax law requires ascertaining meaning from text, context and purpose; beneficial construction favouring taxpayer is not appropriate.

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (Statutory Construction) [2012] HCA 55

Tax legislation is construed by giving words their ordinary meaning in context; legislative purpose resolves ambiguity but cannot override clear statutory language.

Aid/Watch Inc v Commissioner of Taxation (2010) 241 CLR 539

An organisation engaged in political advocacy and law reform can qualify as charitable, as generating public debate on matters of public interest satisfies the public benefit requirement.

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