What Is the Documentary Stamp Tax?
Every time real estate changes hands in Florida, the state collects a documentary stamp tax (commonly called "doc stamps"). This is a transfer tax calculated as a percentage of the total sale price and is paid at the time the deed is recorded with the county Clerk of Court.
The Tax Rates
- State Rate: $0.70 per $100 of consideration (sale price). On a $500,000 home, the doc stamps are $3,500.
- Surtax (Most Counties): An additional $0.45 per $100 applies in all Florida counties except Miami-Dade. On the same $500,000 home, the surtax adds $2,250, for a combined total of $5,750.
- Miami-Dade County: Uses a different surtax schedule. The surtax is $0.45 per $100 on the first $100 of consideration only for single-family residences; all other properties pay the full surtax.
Who Pays?
Florida custom (not law) dictates that the seller pays the documentary stamp tax on the deed. However, in Miami-Dade County, custom shifts this cost to the buyer. Regardless of custom, the parties can negotiate who pays in the purchase contract.
There is also a separate documentary stamp tax on mortgages (called the "intangible tax" or "note stamp tax"), calculated at $0.35 per $100 of the loan amount. This is paid by the borrower.
Common Exemptions
Certain transfers are exempt from doc stamps, including transfers between spouses in a divorce, transfers to a revocable living trust where the grantor is the beneficiary, and transfers by government entities.
Related Terms
- Closing Costs — Doc stamps are a major component of Florida closing costs
- Deed — The document that triggers the doc stamp obligation
- Mortgage — Subject to a separate doc stamp tax on the note
Barnes Walker Closing & Tax
Barnes Walker's real estate attorneys calculate and manage documentary stamp tax obligations for every Florida closing, identifying available exemptions and structuring transactions to minimize transfer tax exposure for our clients. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 201
Imposes a documentary stamp tax on deeds, mortgages, and other documents that transfer an interest in Florida real property. The rate is $0.70 per
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