SDLTM18750 - Term of a lease: Backdated lease granted after lease has continued by tacit relocation
- the grant of a lease was chargeable to stamp duty land tax (SDLT) rather than stamp duty;
- the tenant continues in occupation after the date on which the lease, under its original terms, would terminate (the contractual termination date);
- the tenant is granted a new lease of the same or substantially the same premises;
- the term of the new lease is expressed to begin on or immediately after the contractual termination date; and
- the date of grant of the new lease is on or after 19 July 2006,
then under FA03/SCH17A/PARA9A the term of the new lease is treated for SDLT purposes as beginning on the date on which it is expressed to begin. This is normal under Scots law, but is a departure from the normal position in England (Any rent payable in respect of the period between the contractual termination date and the actual date of grant of the new lease will be eligible for relief in the same way as for ‘overlap relief’ where the above criteria are met (see SDLTM19310 - SDLTM19335).
Non-qualifying leases are unlikely to suffer a double charge to SDLT as in most cases rent payable for the tacit relocation period will be consideration for occupation under the old lease. Where the old lease was chargeable to stamp duty, see SDLTM18748