Sean Randall
Sean is a partner at Blick Rothenberg. For five years, he was head of stamp taxes at KPMG UK, finalist in the 2016 Taxation Awards for Best Big Four Tax Group. He has almost 20 years' experience advising, amongst others, developers, investors, occupiers, funds and banks on stamp taxes in connection with real estate transactions, group reorganisations, corporate reconstructions, demergers and placings. He is a barrister by training, a Fellow of the Chartered Institute of Taxation and council member of the Stamp Taxes Practitioners Group. Since 2007 he has been the editor of Sergeant & Sims on Stamp Taxes arguably the most comprehensive, up-to-date and authoritative guide to UK stamp taxes available. He was the Tax Writer of the Year in the 2017 Taxation Awards having ''demonstrated real in-depth expertise in analysing complex legislation'. He has contributed to the development of government policy, tax authority practice and statutes on stamp taxes, and is regularly consulted by tax authorities and government departments. He speaks and writes regularly on UK stamp taxes.
Practice Area
Panel
- Q&A Panel
Qualified Year
- 2000
Membership
- CIOT
Education
- LLB (Hons)
- CTA (Fellow)
3 Contributions by Sean Randall
Q&As
SDLT higher rates: personal purchase with company-owned property
Condition C
Where the buyer is a private person, one requirement of the increased rates (Condition C) is that, by the close of the completion day for their transaction, they hold a ‘major interest’ in a residence other than the one acquired. In some situations, this test is satisfied despite the buyer not holding any such interest at all...
Tax
Q&As
SDLT on rent increase when assigning and varying a pre-2003 lease
Broadly, varying a (stamp duty) lease constitutes a stamp duty land tax (SDLT) transaction. This is because the transaction’s effective date falls after the SDLT start date of 1 December 2003, and it is not undertaken under a contract concluded before 10 July 2003, the date on which the Finance Bill 2003 received Royal Assent. The fact that the lease being amended was granted prior to the implementation date does not alter this position...
Tax
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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