2003 approach

FA 2003 charges

Net present value

SDLT charge

SDLT manual

Accounting standards

Agricultural

Agricultural, value shifting

Aim of new charge

Application

Artificial transactions in land

Assignment

Assignees removal of conservatory, award of damages to tenant

Rent part of consideration

Assignment granted at undervalue

Generally

Statement of accuracy

Assignment of lease granted at undervalue

Assignments

Commercial property

Supply in course of business

Associated companies

Associated operations

Break clauses

Building plots

Business premises in Mauritius silent on VAT, liability for VAT

Buying/selling, VAT treatment

Capital goods scheme

Expired lease, adjustment

Zero-rated premiums, taxable use

Capital sums

Caravan sites, income from

Cars

Charge on or after 1 October 1999

Agreement for a lease charged as a lease

Consideration rent or part of rent

Fixed term lease and then until determined

Generally

Rates of duty

Chargeable consideration

Matters concerning lease

Reverse premiums

Chargeable gains

Apportionment of base cost

Furnished holiday lettings

Premiums

Wasting assets

Chargeable gains/allowable losses

Compulsory acquisition of freehold reversion by tenant

Contingent liabilities

Generally

Initial repairs to property

Land reflecting development value held on 6 April 1965

Property other than land

Schedule A, exclusions

Subleases out of short leases

Wasting assets

Charging provisions apply to grants only

Charities, granted to

Commercial properties, recovery of insurance premium from tenants

Commercial property

Evidence

Generally

Surrenders, terminations and assignments

Completion of the LTR

Connected company rule

Consideration or rent not ascertainable

Construction of buildings, major interest in

Corporation tax receipts and deductions

Covenants

Definition

England and Wales

Northern Ireland

Scotland

Denoting stamp

Developers

Dilapidations payments, non-supplies/outside scope of VAT

Disadvantaged areas

Land partly situated in area

Land wholly situated in area

Overview

Drafting

Duration

Duty to produce to commissioners

Electricity and gas recharges

Enterprise investment scheme, qualifying trades

Expenditure on initial repairs to property

Extended, wasted assets

Extension

Extensions

Finance lease rental payments

– see also Finance leases

Generally

Finance leases and loans

First-year allowances, qualifying purpose

Fixtures

Foreign lessors to UK lessees

Effect on the foreign lessor's tax reliefs

Foreign lessor's UK tax liabilities

Generally

Position of UK lessee

Forfeiture clauses

Furnished lettings

Further special rules relating to consideration other than rent

Agreement for lease: substantial performance

Assignments: assumption of obligations by assignee

Linked transactions

Loan or deposit in connection with grant or assignment of lease

Reverse premiums

Surrender of existing lease in return for new lease

Tenant's obligations that do not count

Garages and converted stables for storage

Garages for storage, charge to VAT on rental payments

Goods (cars) under a leasing contract

Missing goods (cars)

Non-recovery of goods by leasing company after contract termination

Grant of

Connected company to

Production of instrument to commissioners

Grant of lease, trading transaction or disposal liable to capital gains tax

Granted at undervalue, assignment for profit

Additional calculation rules

Generally

Statement of accuracy

HMRC powers to obtain information on

Immovable property

Austria, reduced-rating

Election to tax

Exclusions

Increase in the demise or term

Indefinite terms

Inducement payments

Inducement to take, capital or income receipt

Inducements, non-supplies/outside scope of VAT

Industrial buildings allowances

Inheritance tax

Generally

Less than 50 years to run, fall in value of property transferred

Relief on sale of interest in land

Valuation

– see Valuation

Land, short leases of

Landlord's responsibility for maintaining common areas

Leaseback avoidance

Less than fifty years to run

Letting private residence, owner-occupiers relief

Licence to occupy land

Licenses, and

Life tenants, inheritance tax

Life, for

Linked transactions

Local authorities

Business activities

Peppercorn leases

Long leases

Deemed supply of goods

Generally

Tax point

Meaning

Meanings

Mergers

Methods of termination

Mobile drilling rigs, vessels and equipment leased by non-resident lessors

Nature of transaction, serious misdeclaration penalty

New leases, transfer of business as a going concern

New or partly constructed buildings

Non-monetary consideration

Non-resident lessors, oil industry

Northern Ireland, production of documents

Notifiable transactions

Owner occupiers, relief for

Parol

Partly constructed buildings

Penal rents

Person constructing a building

Plant and machinery

Pre-lease payments

Premiums

Private residence exemption

Property lease agreement, indemnity payment

Property subject to, stamp duty

Rates of tax

Linked transactions

Net present value

Overview

Rent payable

Recharge or rent allocation, output tax

Recovery of balance of rent due under agreement, entitlement

Reliefs and exemptions

Shared ownership

Renewables

Renewal clauses

Rent

– see Rents

Rent increases

Rent to loan

Rent to mortgage

Rent to shared ownership lease

Rent to shared ownership scheme

Rent to shared ownership trust

Rents

– see Rents

Restrictive covenants

Reverse assignment

Reverse premiums

Commercial property

Generally

Mortgage interest capping agreement

Output tax

Residual input tax

Taxable supply

Reverse surrender payment, input tax

Reverse surrender, meaning

Reversionary lease

Right to occupy land and sell goods, single or multiple supply

Sale and lease-back

Sale and leaseback

Overview

Sale and leaseback transactions

Generally

Repayment of tax, claim for

Sale of interest as lessee after death, reliefs

Sale/lease back of land

SDLT and VAT

Effect of VAT rate change clarified

Generally

SDLT manual

Service charges

Settled property

Seven year leases, rental element

Adjudication

Evidence, use of instruments in

Instruments applicable

Instruments ceasing to be duly stamped

Instruments remaining duly stamped

Interest and penalties

Stamping following earlier adjudication

Shared ownership lease relief

Shared ownership trusts

Definition

Election for market value treatment

Generally

Staircasing, with

Tax treatment

Treatment of additional payments where no election made

Short leases

Capital goods scheme

Developer – planning point

Generally

Surrender of

Short-term lease, meaning

Social landlords

Relevant housing provider

Stamp duty and SDLT compared

Burden of SDLT

Rates of stamp duty

Stamp duty lease regime

Stamp duty land tax

– see also Stamp duty land tax

Agreement for lease

Assignment of lease treated as grant of lease

Assignment of lease, assignee's responsibility for returns etc.

Assignment of lease, assumption of obligations by assignee

Backdated lease granted to tenant holding over

Continuing after fixed term

First rent review in final quarter of fifth year

Fixed term

Generally

Indefinite term

Lease, meaning

Loan or deposit in connection with grant or assignment

Rents

– see Rents

Returns

– see Returns

Reverse premium

Scotland

Stamping of agreement

Successive linked leases

Surrender of existing lease in return for new lease

Tenants' obligations etc. not counting as chargeable consideration

Stamp duty relief

SDLT paid

Time limit for stamping agreement

Stamp duty: 'leases out of step with conveyances'

Substantial performance rule

Rent taken into account

Successive linked transactions

Summary of VAT

Sums payable instead of rent

Additional calculation rules

Generally

Payment of tax by instalments

Surrender

– see also Surrenders of leases

Agreement to

Document evidencing

Rate of duty

Surrender for consideration

Input tax deduction on repair work

Member state's entitlement to charge VAT

Reverse consideration

Surrender of onerous lease, capital or revenue expenditure

Surrender, sums payable for

Additional calculation rules

Generally

Payment of tax by instalments

Tax point

Grant or assignment for premium

Grants for rent

Periodic payment date or invoice date

Services or goods

Variation of lease

Tenants under taxed leases

Term

Extensions of lease

Forfeiture clauses

Increase

Indefinite terms

Lease commencement date

Lease for fixed term, with break clauses

Leases continuing after a fixed term

Overview

Renewal clauses

Successive linked transactions

Termination

Termination, compensation

Timeshares, mobile homes, caravans and houseboats

Tonnage tax

– see Tonnage tax

Transactions deemed to be the grant of lease

Agreement for lease

Assignment of lease treated as grant

Increase of rent treated as grant lease

Transactions treated as a deemed supply

Transfer of field interest

Transfers of partnership interests

Transfers within three years of death

Transitional provisions

Treated as supplies of goods, tax point

Continuous supplies

Generally

Treatment of grant of usufructuary right

UK lessors to non-UK lessees

Foreign tax payable

Generally

Lease-back

Ownership rights over foreign-situated assets

Purchasing equipment with foreign currency

Restricted UK capital allowances

Underlease containing covenants from donee mirroring covenants in donor's head lease

Underlease granted for premium

Value added tax interaction with stamp duty

Value shifting

Variable and uncertain rents

Abnormal increases

Assignments treated as grants

Calculation

Initial valuation

Subsequent adjustments

Substantial performance triggers notification

Temporal discount rate

Variation or waiver of term of lease

Variation or waiver, sums payable for

Additional calculation rules

Generally

Payments of tax by instalments

Variations

Exempt (subject to option) if monetary consideration

No monetary consideration: no supply

Overview

Rent increases

Summary of lease variations that carry SDLT consequences

Surrender of existing lease and grant of new lease

Tax point

Term increase

Variations or waivers, payments for

Wasting assets

– see also Wasting assets

Generally