Case Law

In Fitch Lovell Ltd v IRC 1962 3 All ER 685 share transfers which omitted the consideration, the name of the transferee and the date were held to be conveyances or transfers on sale.

In Waterford Glass (Group Services) Ltd v Revenue Commissioners 1989 IV ITR 187 the Court was entitled to look at the substance of a transaction in deciding what constitutes a conveyance on sale.

The transaction will be taxed based on its result rather than the form. Viek Investments Ltd v Revenue Commissioners 1991 IV ITR 367

Following the court's approach in Waterford Glass (Group Services) Ltd v Revenue Commissioners, the judge in the case Cherry Court v Revenue Commissioners 1995 V ITR 180 held that the court was bound to look at the nature of the transaction and was not obliged to follow the intention of the parties involved.

Revenue Commissioners v Glenkerrin Homes Ltd 2007 ITR 119 considered what amount was due on date of conveyance.

A lease may be treated as a conveyance for certain purposes. Littlewoods Mail Order Stores Ltd v IRC 1961 Ch 210, 1961 1 All ER 195, 1961 2 WLR 25, 1961 TR 321

Where the benefit is a contract for property, an assignment of that benefit for consideration is liable to ad valorem conveyance on sale duty. Western Abyssinian Mining Syndicate Ltd v IRC 1935 14 ATC 286

A document worded as a receipt for consideration may in certain circumstances operate as a conveyance on sale of an equitable interest in property or as an agreement for sale. Fleetwood-Hesketh v IRC 1936 1 KB 351

An agreement creating an option to purchase land was chargeable to ad valorem as a conveyance on sale, in respect of the consideration paid for the grant of the option. Wimpey (George) & Co Ltd v IRC 1974 2 All ER 602