Chargeable Consideration: Rent: Inclusive of services etc
Service charges payable from tenant to landlord are not chargeable consideration for stampduty land tax (SDLT) purposes and are excluded from the calculation of tax as long aspayment of service charge has been either:
- provided for in the lease as a separate figure or
- expressed in the lease as part of an inclusive rent payment and apportioned on a just and reasonable basis.
The fact that a service charge is reserved in the lease as rent does not make it rentfor SDLT purposes.
Where apportionment of an inclusive figure is needed, this must be made on a just andreasonable basis for SDLT purposes and will not necessarily be the same as theapportionment (if any) set out in the lease documentation.
Where a single sum is payable in respect of rent or of rent and service charges and:
- there is no apportionment between rent and service charge and/ or
- the service charge is not separately provided for in the terms of the lease, then the sum is to be treated entirely as rent for SDLT purposes.
Service charges are the most common item of non-chargeable consideration for a lease,but the above treatment applies equally to other non-chargeable consideration, underFA03/SCH17A/PARA6.
Refer to FA03/SCH4/PARA4 re: just and reasonable apportionment.
Refer to SDLTM11060 re: non-chargeable consideration.