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K7. Termination and surrender of a lease

VAT

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- Payment by landlord or tenant for surrender of lease exempt if grant of lease was exempt

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- Where the grant of a lease was exempt, a change in the contractual relationship, such as termination of the lease for consideration, also falls within the scope of the exemption (Lubbock Fine, §9).

- This applies whether it is the landlord paying the tenant or the tenant paying the landlord (see Cantor, §31).

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Legislation: 

Cases: 

Lubbock Fine C-63/92

Cantor Fitzgerald C-108/99

HMRC manuals: 

Commentary: 

See also:

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 © 2023 by Michael Firth, Gray's Inn Tax Chambers

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