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You don't have to pay SALT or tell HMRC if you buy a new or assigned lease of less than 7 years, as long as the chargeable consideration is less than the residential or non-residential SALT threshold. Chargeable consideration includes: any premium and the net present value of any rent in the case of a new lease.
Residential properties with substantial rents When a new residential lease has a substantial annual rent, SALT is payable on both of the following, which are calculated separately and then added together: the lease premium (purchase price) the 'net present value' (NPV) of the rent payable.
If the annual rent for the lease (not the NPV) is less than £1,000, as a buyer you pay SALT on the premium. This is at the same rate you would pay on the sale price of a freehold non-residential property. This means you'll only have to pay SALT if the premium is more than the threshold.
If the transaction involves the purchase of a new lease with a substantial rent there may be an additional Stamp Duty Land Tax charge based on the rent. If the value of the sale is above the payment threshold, SALT is charged at the appropriate rate on the whole of the amount paid.
If you buy a leasehold residential property, you will have to pay Stamp Duty on the purchase price of the lease. There may be additional charges if the lease purchased is unassigned (i.e. new), and there is rent to pay over the life of the lease.
Many commercial tenants are unaware of the fact that Stamp Duty Land Tax (SALT) can be payable on the grant, assignment, variation or surrender of a commercial lease, where the total value of the transaction is above certain thresholds.
The Duties Act (Vic) 2000 (the Act) now imposes duty on the granting, surrender, transfer or assignment of a lease for which any 'consideration' other than 'rent reserved' is paid or agreed to be paid in respect of: the lease (including subleases and concurrent leases).
If you buy a leasehold residential property, you will have to pay Stamp Duty on the purchase price of the lease. There may be additional charges if the lease purchased is unassigned (i.e. new), and there is rent to pay over the life of the lease.
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