Calculation of Stamp Duty Land Tax (SDLT): lease premium: introduction
The amount of any rental payments is not taken into account in determining the amount of tax payable on the premium and will be chargable in their own right.
- Residential property is defined for SDLT purposes at FA03/S116.
- Non residential property is defined for SDLT purposes which is not residential at FA03/S116.
- Property comprising both residential and non residential elements (mixed use) is treated as non residential for this purpose.
Note that in certain circumstances:
- ‘rent’ payable in respect of the period before the date on which the lease is granted may be taxable as a premium. Refer to SDLTM17110.
- rent deposits may be treated asa premium for the grant of the lease. Refer to SDLTM11055.