Documentary Stamp Taxes

Documentary Stamp Taxes are assessed on documents that transfer interest in Florida real property, such as warranty deeds and quit claim deeds.  Additional taxes are charged for fuels, tobacco products, communications services, and more.  For a full of account of taxes charged in Florida, see the Florida Department of Revenue website.  There are also documentary stamps and intangible tax on obligations such as notes and mortgages.

From Chapter 201, of the State of Florida Statutes:

Documentary stamp tax is levied at the rate of $.70 per $100 (or portion thereof) on documents that transfer interest in Florida real property, such as warranty deeds and quit claim deeds. (The Miami-Dade County rate is $.60 on all documents plus $.45 surtax on documents transferring anything other than a single-family residence). This tax is usually paid to the Clerk of Court when the document is recorded. The Clerks of Court send the money to the Department of Revenue and the Department distributes the funds according to law.

A reference sheet is available to help determine the correct amount of documentary stamp tax due on documents that transfer an interest in Florida real property.

Documentary stamp tax is also levied at the rate of $.35 per $100 (or portion thereof) on documents that are executed or delivered in Florida, for example:

  • Notes and other written obligations to pay
  • Certain renewal notes
  • Bonds (original issuance)
  • Mortgages
  • Liens

Florida law limits the maximum tax due on notes and other written obligations to $2,450. However, there is no limit on the documentary stamp tax due for mortgages or liens filed or recorded in Florida. Tax is paid to the Clerk of Court if the document is recorded, or sent directly to the Department of Revenue if the document is not recorded.

Documentary stamp tax is payable by any of the parties to a taxable transaction. If one party is exempt, the tax must be paid by the nonexempt party. United States government agencies; Florida government agencies; and Florida's counties, municipalities, and political subdivisions are exempt from documentary stamp tax.

Koontz & Associates, PL Can Help When Documentary Stamps Need to Reviewed and Paid

Jo Ann Koontz

[email protected] 941-225-2615