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Revenue and Customs Brief 11 (2020): VAT and Stamp Duty Land Tax when existing leases between landlords and tenants are varied

29 July 2020      Andrea Marshall, Tax Specialist

You may recall that Martin Scammell alerted us to the fact that COVID-19 rent free periods were being looked at by HMRC.  Please see the News Article here.

HMRC have now issued Revenue and Customs Brief 11 (2020): VAT and Stamp Duty Land Tax when existing leases between landlords and tenants are varied, which sets out the VAT and SDLT treatment of the most commonlease variations.

The examples that are included are:

  • Landlord reduces the rental amounts payable but there are no other changes to the lease
  • Tenant agrees to an extended lease or variation to a break clause in the existing lease
  • Landlord changes the terms and, in exchange, the tenant agrees to more than paying rent during the lease
  • New leases

If your university or a subsidiary has varied any leases as landlord or tenant, especially during the COVID-019 crisis, you may wish to check that VAT and SDLT has been accounted for properly.



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