South Kensington mansion deemed residential for £500k SDLT bill

A pharmacist has lost his stamp duty land tax appeal at tribunal as the £6.6m property he purchased was deemed to be wholly used for residential purposes despite occupation restrictions

At the First Tier Tribunal Bemal Patel, the founder and owner of Pharmaceuticals Direct, appealed against a HMRC closure notice in June 2023 relating to an overpayment relief claim of £475,961.

Patel was advised that the 5,905 square foot property he bought in London’s upmarket South Kensington area was non-residential on the date of the transaction as it was a building site and had planning and occupation barriers in force from Kensington & Chelsea Council.

In 2021 Patel bought two properties that were being converted into a development block which was not completed on Elvaston Place, and Elvaston Mews in Kensington. The two properties were bought for £6,679,616 with the intention to convert them into a single five-bedroom house for Patel’s use.

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