Stamp Duties Consolidation Act 1999 section 50

Agreements for not more than 35 years charged as leases

Section 50 provides that an agreement for a lease of 35 years or less, or for an indefinite term, is charged with stamp duty as though it were an actual lease.

  • An agreement for a lease of up to 35 years is treated as an actual lease for stamp duty purposes
  • An agreement for an indefinite term is likewise treated as an actual lease
  • The duty is calculated on the term and consideration stated in the agreement
  • Revenue may refund duty paid on an agreement for lease where the lease is never actually granted, subject to strict conditions

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