Mary Ashley
I have extensive experience advising in all areas of personal taxation. I have recently advised on SDLT, inheritance tax, capital gains tax, domicile, de-enveloping, the variation of trusts and off-shore trusts. I am the co-author of the 11th edition of Taxation of Charities and Non-Profit Organisations.
Practice Area
Panel
- Q&A Panel
Qualified Year
- 2015
Membership
- Grays Inn
- Revenue Bar Association
- Chancery Bar Association
- Association of Women Barristers
- Society of English and American Lawyers
- American Woman Lawyer in London
Education
- Oxford BA (Hons) 2010
- Oxford BCL 2012
1 Contributions by Mary Ashley
Q&As
SDLT: Mixed‑use freehold (leased shop + flat) — 3% surcharge avoided?
Mary Ashley of 15 Old Square
Higher SDLT rates apply where an individual buys a major interest in a single dwelling if conditions A–D are met at day‑end:
A — consideration of £40,000 or more
B — not subject to a lease with over 21 years unexpired
C — purchaser owns another £40,000+ dwelling not so leased
D — does not replace the only or main residence
Dwelling includes a building or part used, suitable or being built/adapted as one dwelling, its gardens, grounds and benefiting land, and off‑plan contracts. Mixed‑use is excluded; no apportionment. As this freehold includes residential and non‑residential parts, it is mixed‑use, so the 3% surcharge should not arise.
Sean Randall of Blick Rothenberg Limited
The 3% applies to “higher rates transactions” in FA 2003, Sch 4ZA, paras 3–7, each requiring the main subject‑matter to consist of a major interest in at least one dwelling. The chargeable interest includes the first‑floor flat but does not consist of it; it includes the ground‑floor shop. “Consists of” is an exclusive test, and HMRC agrees: higher rates do not apply to non‑residential or mixed‑use. For further information, see Practice Note: Higher rates of SDLT on additional residential properties...
Tax
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