Freehold Sales and Transfers
| Property or Lease Premium or Transfer Value |
SDLT Rate |
| Up to £150,000 |
0% |
| The portion from £150,001 to £250,000) |
2% |
| The portion above £250,000 |
5% |
New Leasehold Sales and Transfers
When you acquire a new non-residential lease, SDLT is calculated on the Net Present Value (NPV) of the rent payable over the term of the lease.
| Net Present Value (NPV) of Rent |
SDLT Rate |
| Up to £150,000 |
0% |
| The portion from £150,001 to £5,000,000 |
1% |
| The portion above £5,000,000 |
2% |
How is Commercial Stamp Duty Calculated?
The UK uses a "slice" system for calculation. This prevents a "cliff-edge" tax scenario where a £1 increase in price pushes the entire sum into a higher bracket.
Example Calculation:
If you buy a freehold office building for £300,000, your tax breakdown looks like this
- First £150,000: Taxed at 0% = £0
- Next £100,000: Taxed at 2% = £2,000
- Final £50,000: Taxed at 5% = £2,500
- Total SDLT Payable: £4,500
Does Your Property Qualify as Commercial?
Investors often assume SDLT non-residential rates apply only to obvious business premises like warehouses or shops. However, the definition is broader and can offer significant savings compared to residential rates.
Your property is classified as non-residential if it includes:
- Commercial Buildings: Shops, offices, restaurants, hotels, factories, and warehouses.
- Agricultural Land: Land used for working farms or market gardens.
- Forests and Woodlands: Any land designated for forestry.
- Non-Residential Land: Land that is not part of a dwelling's garden or grounds.
Mixed-Use Property Rules
One of the most efficient tax positions involves mixed-use property tax relief. A "mixed-use" property is one that has both residential and non-residential elements, such as a ground-floor retail unit with a flat above it.
In these cases, the entire transaction is subject to commercial SDLT rates. This avoids the higher residential rates and the 3% surcharge on additional dwellings.
The "6 Rule" (Multiple Dwellings)
Large-scale residential investors should note the "6 Rule." If you purchase six or more residential properties in a single transaction, the acquisition is treated as non-residential for SDLT purposes. This allows investors to pay the lower commercial rates (top rate 5%) rather than residential rates (which can climb significantly higher), optimising the tax efficiency of portfolio acquisitions.
SDLT on Commercial Leases
Many commercial tenants are surprised to learn they may owe Stamp Duty on a lease, not just a purchase. This is often referred to as lease premium tax, but it applies to rent as well.
What is Net Present Value (NPV)?
The NPV is the value of the rent you will pay over the life of the lease, adjusted for inflation (temporal discount). The government uses a specific formula to calculate this. It is not simply the annual rent multiplied by the years.
When Do You Pay?
You only pay SDLT if the NPV of your rent exceeds £150,000.
- Short Leases: A high annual rent on a short lease might stay under the threshold.
- Long Leases: Even a moderate rent on a 10- or 15-year lease can easily exceed the £150k threshold, triggering a tax liability.
Commercial SDLT Reliefs and Exemptions
Before filing your return, ensure you have explored potential reliefs. Commercial property transactions often qualify for specific exemptions that can reduce your liability to zero.
Freeports and Investment Zones
The UK government has designated specific areas as "Freeports" or "Investment Zones" to stimulate economic growth. Purchasing land or buildings in these zones for qualifying commercial activity can result in 0% SDLT. This is a significant incentive for logistics and manufacturing businesses.
Group Relief
If you are transferring property between companies within the same corporate group, you may be eligible for Group Relief, which effectively eliminates the SDLT charge. Strict conditions apply regarding the relationship between the buyer and seller entities.
Charities Relief
A charity buying land or property for charitable purposes (or as an investment to fund charitable work) can claim full relief from SDLT.
For complex structuring advice, we recommend consulting our Capital team.
Maximising Value in Your Commercial Portfolio
Stamp Duty is just one transaction cost in the lifecycle of a property investment. Accurate calculation ensures there are no surprises at completion, but strategic planning drives long-term value.
Whether you are acquiring a mixed-use portfolio, negotiating a high-value commercial lease, or looking for sites in tax-efficient Investment Zones, early planning is key.
Ready to move forward?