Don’t Pay Unnecessary Documentary Stamp and Intangible Taxes – Berger Singerman Law Blog

Because Florida does not impose a state income tax on individuals, the imposition of documentary stamp and non-recurring intangible personal property taxes on Florida real estate loan transactions is one way that the State provides for additional revenue.

Documentary stamp tax is levied on documents as provided under Chapter 201, thereof) of the total consideration paid, or to be paid, for the transfer.. Certain documents are exempt from documentary stamp tax by state or federal law.

 · documentary stamp taxes on notes or other promises to pay are payable at the rate of $.35 for every $100 (or fraction) of indebtedness secured by a mortgage on Florida real property.

*595 "* * * S & H has been obliged to pay income taxes for more than thirty-five years upon the basis that there is no liability for the claims which the State now purports to enforce." There is no question but that the stamp collector has, under certain circumstances, contractual rights against S & H.

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Unit 13: Closing Real estate transactions. So documentary stamp taxes will be charged on the new second mortgage but not on the first mortgage. To calculate the documentary stamp taxes, divide the mortgage amount by 100, round up any fraction, then multiply the result by $.35. $350,000 100 = $3500 $.35 = $1,225.

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Documentary Stamp Tax: Pursuant to 201.02, Florida Statutes, subject only to a few specifically enumerated exceptions beyond the scope of this article, documentary stamp tax is due on.