LBTT6004 - Chargeable consideration - Rent

LBTT guidance on rules regarding the treatment of non-variable or certain rent when determining the chargeable consideration in a land transaction involving a lease.

LBTT6004 - Chargeable consideration - Rent

The tenant usually agrees with the landlord to pay rent throughout the term of the lease while they are leasing the property. The rent payable under a lease is chargeable consideration for LBTT.

A lease transaction may also have a service charge payable by the tenant. The rent amount only will be charged LBTT when the service charge is separate from the rent amount. 

The whole total of the rent and service charge will be charged LBTT if the service charge is not apportioned separately from the rent.

LBTT(S)A 2013 schedule 19 paragraph 12

Where the landlord has elected to waive exemption from VAT as at the effective date, the rent for LBTT purposes includes the VAT chargeable. An option to tax made after the effective date does not affect the rent for the purposes of the 3-year review.

LBTT(S)A 2013 schedule 2 paragraph 2

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