A lease is granted in consideration of a premium only, with no rent reserved. How is it charged to stamp duty?
- As a lease, at 0.4% of four times the premium
- As a conveyance on sale for a sum equal to the premium
- At a fixed duty, no rent being reserved by the instrument
- As a mortgage, at 0.4% subject to the usual monetary ceiling
Show answer & explanation
As a conveyance on sale for a sum equal to the premium — A premium is capital paid for the interest granted, so it is charged on the sale scale at the rates a buyer meets on a purchase. Applying 0.4% to four times the premium borrows the rental formula and would badly undercharge. A fixed duty ignores the value passing under the instrument. The mortgage scale, 0.4% subject to the usual monetary ceiling, taxes borrowing rather than the acquisition of an interest in land.
Source: Stamp Duties Act 1929 First Schedule, Article 8(b) · checked 2026-08-06