Additional details for cases involving leases

There is no need to read this section if your land transaction is not for the grant or assignment, in Scotland assignation, of a lease or of a freehold subject to a lease. Purchasers of those interests should read the paragraphs below for guidance as to whether they need to complete section 2 of form SDLT1 and/or section 2 of form SDLT4.

Shared ownership leases

There are special rules for a shared ownership lease. For all shared ownership leases please refer to our guidance at SDLTM27080.

About leases

(i) Form SDLT1 questions 16 to 25:

If at question 2 you have entered F or O you must not complete any of questions 16 to 25.

If at question 2 you entered A, you must complete questions 16, 17, 18, 19, 20 and 21. If at question 2 you entered L, you must complete all relevant questions in this section.

If the transaction involves:

  • The grant of a lease subject to sub-leases, give details of the lease granted (landlord’s interest) here and of the sub-leases (underleases) on a separate schedule.
  • The assignment, in Scotland assignation of a lease subject to subleases, give details of the lease interest at questions 16 to 21. You do not need to submit details of the subleases.
  • The sale of a freehold, in Scotland ownership, subject to one lease, enter the lease details at questions 16 to 21.
  • The sale of a freehold, in Scotland ownership, subject to more than one lease, enter the details for only one lease at questions 16 to 21. All others should be shown on the schedule.
  • A payment to a tenant for the surrender of a lease, or a payment by a tenant for a freehold or leasehold reversion, or in Scotland ownership of the land, give details at questions 16 to 21 of the lease which this transaction has brought to an end.

SDLT1 Q16. Type of lease

You must answer this question if A or L entered at question 2

Select one code to describe the property leased:

  • Residential - R
  • Non residential - N
  • Mixed - M

SDLT1 Q1 above provides further information about these categories. The code you select for question 16 must correspond with the type of property code selected for question 1.

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SDLT1 Q17. Start date of lease

You must answer this question if A or L entered at question 2

Enter the date from which the term or period of the lease runs as shown in the lease. In Scotland a lease includes missives of let that are not to be completed by the grant of a new lease.

Please note that on the grant of a new lease (code L) this may not be the same as the start date used in the calculation of tax on the rental element.

The system will not accept a start date earlier than 01/01/1500. For any earlier date enter 01/01/1500.

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SDLT1 Q18. End date of lease

You must answer this question if A or L entered at question 2

SDLTM14015 This is the date that the lease is expressed to come to an end, not the break point or review date. If the date is later than 31 December 9999 enter the date as 31/12/9999.

For a periodic tenancy in England and Wales or Northern Ireland enter the date the first period comes to an end.

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SDLT1 Q19. Rent free period

You must answer this question if A or L entered at question 2

If an existing lease is acquired or a new lease is granted or treated as granted and, starting from the effective date as shown at question 4, (or, if later, the term commencement date), there are any periods when the tenant will not have to pay rent, show the total number of months for such periods.

Round up to a whole number of months. If there is no rent-free period leave blank.

The system will not accept a figure higher than 99. In the exceptional circumstance that the rent free period is more than 99 months enter 99.

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SDLT1 Q20. Starting rent

You must answer this question if you entered A or L at question 2

(First part) Show here the starting rent.

On the grant of a new lease or the acquisition of an existing lease:

  • enter the current rent as at the effective date entered at question 4 or, if later, the term commencement date. But show the rent payable after the expiry of any initial rent free period if there is one.
  • on the surrender of a lease or the acquisition by a tenant of the freehold or superior leasehold reversion, bringing that lease to an end:
  • enter the final rent immediately before the effective date entered at question 4 for the lease that this transaction has brought to an end.

On the transfer of a freehold, in Scotland ownership, subject to a lease.

  • enter the current rent under the lease and
  • if there is more than one lease give details of other leases using the schedule provided by the Stamp Taxes

If shown in the lease as a rent for a week, month or other period, please convert to the appropriate annual (yearly) amount.

If the rent is in pre-decimal currency for example shillings and pence, please convert to decimal currency and round up to the nearest £1.

If the landlord has elected to charge VAT the rent given should include the VAT.

If the rent varies during any or all of the remainder of the term, show the initial rent.

Second part - Show the date that the rent entered in the first part of the question will end.

If the date that the rent entered in the first part of the question will end exceeds the number of boxes available (for example for a 10,000 year term), please insert the number 9999 at this question.

If a lease has been surrendered (second bullet point above) this will normally be the same as the effective date entered at question 4.

If you answer the second part of this question you must also answer 'Yes' or 'No' in the third part.

Third part - If the amount of rent to be charged after that date is known, answer 'Yes'. If not known answer 'No'.

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SDLT1 Q21. VAT amount

You must answer this question if you entered A or L at question 2

Show the actual amount of VAT if any, included in the starting rent at question 20 plus any VAT included in the total premium payable shown at question 22.

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SDLT1 Q22. Total premium

Only complete this question if you entered L at question 2

If the tenant has paid a capital sum (any form of consideration, see question 12) to the landlord or any other person for the grant of a new lease, show the amount here including any VAT payable.

If this transaction is linked to the grant of any other lease, enter the premium only for this lease as returned on this SDLT1. For linked leases see question 13.

For rent payable before the completion of a lease see SDLTM17110.

If there is no premium, for example for a lease at a full rack rent, enter 0.

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SDLT1 Q23 Net present value

Only complete this question if you entered L at question 2

SDLTM13075 Calculate the net present value (NPV) by applying the formula in paragraph 3 Schedule 5 Finance Act 2003. Include in the calculation any VAT actually payable on the rent. An internet calculator is available on the Stamp Taxes section of the website.

If this transaction is linked to the grant of any other lease enter the NPV only for this lease as returned on this SDLT1. If part or all of the rent on which the NPV is based is contingent or uncertain your calculation must use a best estimate. See SDLTM13135 and also complete form SDLT4.

If there is no NPV, for example for a long lease granted for a premium but with a peppercorn rent, enter 0.

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SDLT1 Q24 Total tax due – premium

Only complete this question if you entered L at Q2

Tax on a premium is calculated on the figure in question 22. The rate of tax is determined by the total at question 13 if this transaction is one of a series of linked transactions.

For non-residential or mixed use leases where the annual rent on a lease is £1,000 or more, the normal zero per cent threshold that would have effect at £150,000 is withdrawn and SDLT is charged at one per cent. Where the annual rent is less than £1,000 then the zero per cent threshold applies for non-residential or mixed use leases.

If there is no premium, for example for a lease at a full rack rent, enter 0. If full relief from tax is claimed, enter 0.

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SDLT1 Q25 Total tax due – NPV

Only complete this question if you selected L at question 2

After applying the formula to calculate the NPV (question 23), calculate the amount of tax.

Please note that the total of NPVs from all linked grants of lease share only one threshold allowance apportioned according to the individual NPV.

Example: linked commercial property leases (not successive leases):

  • lease A NPV - £300,000
  • lease B NPV - £600,000
  • total NPV - £900,000
  • total tax payable on the leases: £900,000 less £150,000 x 1% = £7,500.

Tax due on lease A 300,000/900,000 x £7,500 = £2,500.
Tax due on lease B 600,000/900,000 x £7,500 = £5,000.

If there is no net present value enter 0. If full relief from tax is claimed enter, 0.

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