How the DGT's position has evolved
Current position
The objective exemptions of the AJD (Stamp Duty) remain in force even when the taxable person is the lender in mortgage loan deeds. These exemptions focus on the object of the transaction and not on the status of the person. However, subjective exemptions are not applicable in these loan cases where the lender holds the status of taxable person.
The DGT's position remains constant in distinguishing between objective and subjective exemptions. From 2019 onwards, it is clarified that the determination of the taxable person in mortgage loans does not nullify objective exemptions, although it does eliminate the application of subjective exemptions. There are no changes in criterion, but rather a technical delimitation of their scope.
Turning points
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Establishes that objective exemptions are maintained in mortgage loans even if the taxable person is the lender, differentiating them from subjective exemptions which are indeed suppressed.
Analysis based on 17 of 18 rulings with a stated position. Updated 25 September 2026.