Read the original guidance here:
HMRC SDLT: SDLTM13095 – Calculation of stamp duty land tax: Rent: Term includes a part year: Example 2

Understanding Stamp Duty Land Tax (SDLT) Calculation for Leases with Rent

Introduction to Stamp Duty Land Tax (SDLT)

Stamp Duty Land Tax is a tax you pay when you buy property or land over a certain price. This tax also applies when you take out a lease on property. When calculating SDLT for leased properties, it is essential to understand various factors, especially when the duration of the lease includes a portion of a year. This article provides a detailed guide on how to calculate SDLT for leases with an example to illustrate the process.

Key Concepts in Lease and SDLT Calculation

• Term of the Lease: This is the duration the lease will be active. For example, if a lease starts on 1 July 2015 and ends on 31 October 2022, it lasts for 7 years and 123 days.
• Rent Amount: This is the agreed annual payment for the lease. If it’s set at £75,000, this amount remains consistent throughout the lease term.
• Part Year Calculation: When the lease term includes a period that is not a full year, it is necessary to calculate the rent for that part of the year. For example, if the last year of the lease has 123 days, a calculation is needed to determine how much rent is due for that time.
• Net Present Value (NPV): This is a way of assessing the value of future payments in today’s terms. When calculating SDLT for the lease, using an NPV calculator helps convert all future payments into a single value.

Example Calculation: SDLT on a Lease

Let’s look at a specific example to see how to calculate the SDLT for a non-residential lease.

Lease Details

You have a lease granted on 1 July 2015, with the following details:

• Lease Start Date: 1 July 2015
• Lease End Date: 31 October 2022
• Annual Rent: £75,000
• Total Lease Term: 7 years and 123 days

Calculating Payment Over the Term

Since there is no variation in the rent amount during the lease, you simply use the rent figure for each year:

• For the first 7 years, the rent remains £75,000.
• For the remaining period in year 8, which is 123 days, the rent calculation will be:
• Daily Rent = £75,000 / 365 = approximately £205.48
• Total for 123 days = £75,000 x (123/365) = £25,273

Using NPV Calculator

When you input these figures into an NPV calculator for SDLT calculation, you will enter £75,000 for each of the first 7 years and again for the highest rent value. The NPV calculator will then calculate the value of the part year automatically, helping to simplify the calculation process.

Final NPV Calculation

After performing the calculation, the Net Present Value for this lease comes to:

• NPV Total: £477,783

Additional Considerations

In cases where the lease starts before the date it is granted, different rules may apply. For guidance on such situations, one can refer to SDLTM17110.

Conclusion

The process of calculating SDLT for a lease involves understanding the term of the lease, the annual rent, and how to value any part year. Using these principles along with an NPV calculator can help ensure that the SDLT is calculated accurately.