Stamp duty (SDLT): why this deposit and loan page is archived
In brief
The supplied HMRC page is an archive notice, despite its title. It says that SDLT stopped applying to Scottish land transactions from April 2015 and that LBTT applies instead.
- It does not explain deposits or loans.
- Check where the property is located.
- Check current Scottish rules for a Scottish purchase.
Scroll down for the full analysis.
Read the original guidance here:
Stamp duty (SDLT): why this deposit and loan page is archived
Stamp duty (SDLT): why this deposit and loan page is archived
This HMRC stamp duty page does not explain deposits or loans. Rather than setting out rules for deposits or loans, the archived notice explains that land purchases in Scotland moved away from SDLT from April 2015. Nothing more.
What this rule is about
Although the page title may suggest help with working out stamp duty on a deposit or loan, its actual content offers no such help. It only gives a warning about Scotland.
That difference matters. Because the notice is limited to Scotland’s change in tax treatment from April 2015, you cannot use it to work out tax on money paid up front or money borrowed. Do not rely on it.
What the official source says
HMRC’s archived manual says that SDLT no longer applies to land transactions in Scotland from April 2015. For those transactions, the manual states that Land and Buildings Transaction Tax, usually called LBTT, applies instead of SDLT. That is the change.
- The page is marked as archived.
- It identifies April 2015 as the change point.
- It says Scottish transactions moved to LBTT.
What this means in practice
If the property is in Scotland, this page is not a route to an SDLT calculation. The location and date come first.
- Check whether the property is in Scotland.
- Check the date of the purchase.
- Do not treat an archived HMRC note as a calculation guide.
How to analyse it
Start with the simple question: where is the land? Under the current Finance Act wording, SDLT covers interests in land in England and Northern Ireland, so the country in which the property stands must be established first. Scotland differs.
- Identify the country where the property stands.
- Record the transaction date.
- Read the terms of any deposit and loan arrangement.
- Use the tax regime that applies to that place and date.
Example
Leila finds this page while buying a flat in Edinburgh. The page cannot tell her how a £30,000 deposit and mortgage affect tax. From April 2015, it tells her only that SDLT is not the Scottish tax.
Why this can be difficult in practice
The page’s title is the trap here. Where a reader expects a deposit-and-loan rule from the title, the supplied text instead provides neither such a rule nor any calculation for that arrangement. The detail is absent.
- The title and the page content do not match.
- The notice gives no LBTT calculation details.
- Current Scottish rules need separate checking.
Key takeaways
- This is an archived HMRC notice.
- It gives no deposit or loan calculation rule.
- Scottish purchases moved from SDLT to LBTT from April 2015.
Technical analysis
For advisers, and for anyone who wants to check the law behind this page. You do not need this section to understand the guidance above.
Legislation
- FA 2003 section 42 — the SDLT charge on land transactions
- FA 2003 section 48 — interests in land covered by SDLT
Official guidance
The pages below are HMRC’s guidance. Guidance is not law. It sets out how HMRC reads the legislation, and it is not binding on you, on a tribunal or on a court. Where guidance and the legislation differ, the legislation wins. HMRC can also change or withdraw guidance, and it may not cover your facts.
Where this is not settled
- The supplied material does not provide enough information to explain a deposit or loan arrangement.
- Current Scottish land-tax rules require checking against current Scottish legislation and guidance.
Evidence you would need
This kind of case is decided on the facts of the individual property. These are the records that usually settle it, and the ones an adviser would ask you for.
- The property’s location
- The transaction date
- The full deposit and loan terms
- The current Scottish tax rules if the property is in Scotland
Explore this with an AI
Readers often want to test their own situation. Copy the prompt below into ChatGPT, Claude or Gemini. It hands the model the actual legislation for this page rather than letting it answer from memory, and tells it to be explicit about what is uncertain. What comes back is information, not advice – check it against the links above.
I am researching UK Stamp Duty Land Tax (SDLT), which applies in England and Northern Ireland. MY QUESTION Stamp duty (SDLT): why this deposit and loan page is archived [Replace this with your own situation: what you are buying, the price, the dates, who the buyer is, and what you plan to do with the property.] THE LAW THIS TURNS ON - FA 2003 section 42 - the SDLT charge on land transactions https://www.legislation.gov.uk/ukpga/2003/14/section/42/2025-11-17 - FA 2003 section 48 - interests in land covered by SDLT https://www.legislation.gov.uk/ukpga/2003/14/section/48/2025-11-17 HMRC's guidance page on this topic (guidance, not law): https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm18440 HOW I WANT YOU TO ANSWER 1. Work from the legislation above. Read it before answering. HMRC guidance is HMRC's view of the law, not the law, and does not bind a tribunal or a court. 2. Tell me what the rule actually requires, in plain English. 3. Tell me which facts decide the answer, and which facts would change it. 4. Tell me what evidence I would need to support the position. 5. Be explicit about anything unsettled or fact-sensitive. Do not guess. 6. Your training data has a cutoff and SDLT rates and reliefs change at fiscal events. Say so if you are not sure the law is current. POINTS ALREADY KNOWN TO BE UNCERTAIN ON THIS TOPIC - The supplied material does not provide enough information to explain a deposit or loan arrangement. - Current Scottish land-tax rules require checking against current Scottish legislation and guidance. Do not give me a conclusion you cannot support from the provisions above.
Legislation links show Finance Act 2003 as it stood on 2025-11-17. The law may have changed since, and the rules that apply are those in force on the date of your transaction. The official guidance this page is based on is here.
This page was last updated on 1 September 2026
Useful article? You may find it helpful to read the original guidance here: Stamp duty (SDLT): why this deposit and loan page is archived
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