Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 section Schedule 6 paragraph 9

Treatment of rent and other payments in lease transactions

Schedule 6 paragraph 9 explains how combined payments covering both rent and other matters are treated for Land Transaction Tax purposes, and clarifies what does and does not count as "rent".

  • Where a single payment covers both rent and other matters and no split is specified, the entire amount is treated as rent for LTT purposes.
  • Where separate amounts are specified for rent and other matters, the just and reasonable apportionment rules under Schedule 4 paragraph 4 may apply instead.
  • Any chargeable consideration paid for a period before the lease is formally granted does not count as "rent" for LTT purposes.
  • The distinction between combined and separately stated payments is critical, as it determines whether the full amount is taxed as rent or whether an apportionment can be made.

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