Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Stamp duty definition

What does Stamp duty mean? Stamp duty is a documentary tax on instruments that transfer certain assets, most commonly UK certificated shares. In practice, it is paid on the executed stock transfer form, which must be stamped before the transferee can be registered. The charge is imposed by UK legislation (principally the Stamp Act 1891, as amended) and arises on execution of the instrument; HMRC collects the duty via the stamping process, with penalties and interest for late stamping. Reliefs and exemptions exist (for example for certain intra-group transfers and charities). For electronic or uncertificated share transfers, stamp duty reserve tax (SDRT) generally applies instead; where...

SDLT on holding over and lease renewals: growing leases, backdating, interim rent, contracted-out tenancies, pre-SDLT stamp duty leases and reporting (England and Northern Ireland)

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Practice notes

The stamp duty land tax (SDLT) rules that apply when a tenant holds over a lease are complex.

Since SDLT came into force, the regime has been amended, and differing situations can produce different outcomes. Which provisions apply will depend on, among other factors:

whether the original lease was a stamp duty or SDLT lease (ie it was chargeable to stamp duty or SDLT when granted)
the date on which the original lease was granted
the date on which the original lease came to an end
when the new lease is granted, and
the commencement date expressed for the term of the new lease

The relevant provisions are found in paragraphs 3, 3A and 9A of Schedule 17A to the Finance Act 2003 (FA 2003). SDLT ceased to apply to any land transaction involving interests in or over land in Scotland from 1 April 2015. From that date, land and buildings transaction tax (LBTT) applies to such transactions, subject to transitional provisions. Consequently, references in this Practice Note to ‘UK land’ or similar expressions, in the context of the application of SDLT, should be read as excluding any interests in or over land in Scotland from 1 April 2015. For...

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Web page updated on 21/05/2026

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