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.
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Documentary Stamp Taxes. 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.
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Documentary stamp tax is an excise tax imposed on certain documents executed, delivered, Tax is paid to the Clerk of Court when the document is recorded.
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A note made or delivered in Florida and secured by a leasehold mortgage will be subject to documentary stamp taxes but is not subject to the non-recurring intangible tax. The leasehold interest is considered personal property, and, until the elimination of the annual recurring intangible tax, was subject to that tax.
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By: Edward L. Kelly While failure to pay Florida’s documentary stamp taxes on a promissory note or mortgage can subject the offender to criminal and financial sanctions, the state’s courts of appeal are split when it comes to determining whether Florida law permits enforcement of a note or mortgage when those taxes remain unpaid.
Don’t Pay Unnecessary Documentary Stamp and Intangible Taxes – Berger Singerman Law Blog McGrath official: Kerr uncontrollably limited liability company is subject to the documentary stamp tax. First, as pointed out by the DOR, the documentary stamp tax is an excise tax on documents-not a tax on transactions.
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