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HMRC internal manual

Stamp Duty Land Tax Manual

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HM Revenue & Customs
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Miscellaneous Provisions: Linked leases: Single scheme: Example

On 1 March 2005 a ten-year lease is granted for a house at a rent of £7,000 per annum. On 1 April 2005 following further negotiations, a second lease is granted for the neighbouring garage for a rent of £500 per annum. Both leases end on 28 February 2015.

1. Calculate the tax that would be chargeable on the house if the linked transactions were a single transaction:

1. Calculate NPV of house (NPV1): £58,216
2. Aggregate with NPV of garage: £4,127 to give total NPV (TNPV) £62,343
3. Total tax that would be chargeable on house + £62,343 less threshold applicable as at 1 March 2005:

£60,000

£2,343 @ 1% = £23.43

1. Calculate element of tax relating to house by applying fraction <u>N</u> <u>P</u> <u>V</u> <u>1</u>
2. Calculate the tax that would be chargeable on the garage if the linked transactions were a single transaction:
  • TNPV

 T a x  £ 2 3 . 4 3  x  5 8 2 1 6 = £21.86.

62343

  • Deduct any tax already paid (nil) to arrive at tax due.
  • For notification purposes, effective date is 1 April 2005.

    1. Calculate NPV of garage (NPV2): £4,127
    2. Aggregate with NPV of house: £58,216 to give total NPV (TNPV) £62,343
    3. Total tax that would be chargeable on garage: £62,343 less threshold applicable as at 1 April 2005:

£120,000

£NIL @ 1% = £NIL

1. Tax relating to garage itself must therefore be nil.

Taken separately, the NPV of these leases would each have been below the 0% threshold in force at the time of their respective grant. However the provisions of FA03/SCH5/PARA2 demand that they are aggregated for the purposes of applying the relevant thresholds fairly and proportionately, so that a charge does arise when they are considered together.