Land tax retail lease

Can the landlord make me pay land tax ? Can landlord pay land tax on lease? What is a land tax? When is a retail lease exempt? Can I charge stamp duty on a commercial property lease?


Stamp Duty Land Tax (SDLT) is charged on property and land transactions including rents (leases) in the UK , where the value exceeds certain thresholds.

In Scotlan this includes exchanges of missives of let, which are not allowed by the grant of a formal lease. If you buy an existing (‘assigned’) lease , you only pay SDLT on the lease price (or ‘ consideration ’). The net present value (NPV) is based on the total rent over the life of the lease.


Land tax is recoverable from the tenant. There is no land tax in the Northern Territory. See section 7(3)(a). The landlord cannot recover land tax from the tenant.


Victorian Retail Leases and Land Tax Many of the provisions in the various retail acts in different States and Territories are similar.

One difference between NSW and Victoria is that in NSW the Retail Leases Act does not apply when premises are greater than 0square metres, where as in Victoria the test is whether the occupancy costs are more than $ 000per annum. Another difference is that in NSW the landlord may not recovery Land Tax from a tenant under a lease subject to the Retail Leases Act. Both States prohibit ratchet clauses on rent reviews. Outgoings are payments in addition to rent.


A retail tenant and their landlord should negotiate the tenant’s willingness to pay any part of the land tax, and any other liabilities, before the lease is signed. The Act applied to retail shop leases if the annual rent did not exceed $ 250pa. We again note that this will not apply to Retail Shop Leases, which specifically excludes the recovery of Land Tax. SDLT is calculated based on any lease premium paid by the tenant and on the rent due under the terms of the lease (including VAT if applicable). Once the length of the lease is factored in, the Net Present Value (NPV) of the lease can be determine along with the amount of SDLT that is due.


A recent decision of the Full Court of the South Australian Supreme Court has set out when a landlord of a retail shop lease can seek payment of land tax as an outgoing from a tenant. The Full Court of the Supreme Court has determined when a landlord of a retail shop lease can seek payment of land tax as an outgoing from a tenant. The key point in determining the tax treatment of a lease transaction is to establish whether there is an assignment of a lease or a grant of a lease.


An assignment of a lease is the legal term used for the sale of a lease. On assignment, the owner relinquishes rights over the property. A grant of a lease is the creation of a new asset. Firstly, it is very common practice for land tax to be included in the outgoings of both a standard commercial property lease and that of a retail lease. Secondly, in terms of its application, it is common practice for a tenant to be charged land tax on a single ownership basis.


Recovery of land tax.

The application of this section is affected by section 1(notificationof amount of land tax ). Special land tax is a one-off tax charged in certain circumstances where land is no longer exempt. It is charged at a rate of of the taxable value of the land at the date the land ceased to be exempt.

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