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Going green

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27 November 2012 / John Feaster
Issue: 4381 / Categories: Comment & Analysis , Land & property
The stamp duty land tax treatment of feed-in-tariff leases is considered by JOHN FEASTER

KEY POINTS

  • Option and lease.
  • No special treatment.
  • FIT payments are chargeable.
  • Non-statutory clearance.

The proliferation of solar panels and wind turbines being used to generate electricity has been encouraged by the availability of feed-in-tariff (FIT) payments.

These payments are made by central government towards the generation of electricity and its export to the national grid using renewable energy resources.

Commonly a renewable energy developer agrees to give a landowner such as a farmer a share in the benefit of FIT payments and a share in the electricity supply generated.

In return the landowner grants a lease of a parcel of land on which a green energy installation is constructed by the renewable energy developer.

Despite the widespread use of FIT leases there remains a considerable amount of uncertainty regarding...

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