Florida Documentary Stamps: Rates, Who Pays, Exemptions

The Florida documentary stamp tax is a state excise tax charged on deeds that transfer real property and on written promises to pay money such as promissory notes and mortgages. Deeds are taxed at $0.70 per $100 of the purchase price in every county except Miami-Dade, and notes and mortgages are taxed at $0.35 per $100 of the debt statewide.¹ On a typical home purchase with a mortgage, you will see two separate stamp charges on the closing statement.

What Triggers the Tax

Any document that transfers an interest in Florida real property is taxable, whether it’s a warranty deed, a quitclaim deed, or any other instrument shifting ownership. Where you sign the paperwork doesn’t matter; what matters is that Florida land is changing hands.¹

The tax looks at total consideration, which Florida defines broadly. It includes the cash price, any mortgage or lien the buyer takes over, and the fair market value of anything non-cash exchanged for the property. Deed property to a relative for $1 while they assume a $200,000 mortgage, and the tax is calculated on $200,000. If the deed states no consideration at all, Florida presumes the consideration equals the property’s fair market value.²

Separately, written obligations to pay money carry their own stamp tax. Promissory notes, nonnegotiable notes, and similar debt instruments created, signed, or delivered in Florida are taxed at $0.35 per $100 of the total indebtedness.³ When a mortgage secures the note, the tax is paid on the recorded mortgage at closing. That’s why a standard financed purchase generates one stamp charge for the deed and a second for the mortgage.

Rates and How to Calculate

Every calculation starts by rounding the taxable amount up to the next $100. A $350,050 purchase price becomes $350,100 for stamp tax purposes. From there, two numbers do most of the work.

Deed Rates

Outside Miami-Dade, the deed tax is $0.70 per $100 of consideration. Miami-Dade uses a base rate of $0.60 per $100 for all properties, then adds a $0.45 per $100 surtax on anything that is not a single-family dwelling. So a single-family home in Miami-Dade pays $0.60 per $100, while a condo, commercial building, or vacant lot in Miami-Dade pays $1.05 per $100.⁴

Note and Mortgage Rate

Notes and mortgages are taxed at $0.35 per $100 of the debt everywhere in Florida. No county variation.³

A Worked Example

Buy a single-family home in Escambia County for $350,000 with $30,000 down and a $320,000 mortgage. The deed tax runs 3,500 units at $0.70, or $2,450. The mortgage stamp tax runs 3,200 units at $0.35, or $1,120. Add the nonrecurring intangible tax described below ($640), and the state closing taxes come to $4,210.

Same purchase in Miami-Dade on a single-family home: the deed tax drops to 3,500 at $0.60, or $2,100. If the Miami-Dade property were a condo, the deed tax would jump to 3,500 at $1.05, or $3,675.

The Nonrecurring Intangible Tax Rides Along

A second one-time tax applies to any obligation secured by a mortgage or lien on Florida real property. The nonrecurring intangible tax is 2 mills per dollar of the mortgage, which works out to $0.002 per dollar, or $2 per $1,000.⁵ On a $300,000 mortgage, that’s $600 added to your closing costs. It’s often mistaken for part of the stamp tax; it’s a separate line, paid once at recording.

Who Pays

Florida law makes every party to the document jointly liable for the tax, no matter what the private contract says about who writes the check.¹ In practice, the closing agent collects from whichever side the purchase contract assigns the charge to. Florida custom varies by county, but the seller usually pays the deed stamps and the buyer usually pays the mortgage stamps and the intangible tax. If one party is tax-exempt, the non-exempt party owes the whole amount.

Exemptions to Check

Some transfers don’t trigger the tax at all:

Deeds transferring a marital home between spouses or former spouses as part of a dissolution of marriage, regardless of value or consideration.²
Deeds moving homestead property between spouses, or from both spouses to one, when the only consideration is an existing mortgage.²
Contracts to sell an employee’s home when the employer is directing the relocation. The eventual deed to the new owner is still taxable.
Deeds from qualifying conservation nonprofits to state agencies, water management districts, or local governments.

How It Gets Paid

For most transactions the tax is paid to the clerk of court when the deed or mortgage is recorded, and the closing agent or title company handles it as part of recording.⁶ Many counties accept electronic recording, which lets the documents and payments move digitally.

If a taxable document isn’t recorded, the tax must be paid directly to the Florida Department of Revenue, and the return is due by the 20th of the month after the transaction.¹

Penalties for Underpayment

Failing to pay the full tax is a first-degree misdemeanor in Florida, and the civil penalties pile up quickly:⁷

A late penalty of 10% of the unpaid tax for the first 30 days, plus another 10% for each 30-day period after that, capped at 50% of the unpaid tax. Minimum $10, even if no tax was owed.
Interest at 1% per month on the unpaid amount, running from the due date until paid.
A fraud penalty of 200% of the deficiency, replacing the standard late penalty, if the Department proves fraud by clear and convincing evidence.

The Department has discretion to settle or compromise penalties and interest. Clerks catch underpayment at recording, so these penalties mostly bite when documents go unrecorded or when the consideration stated on a deed turns out to be less than what actually changed hands.

Federal Tax Treatment

Florida stamp taxes are not deductible as a real estate tax on your federal return. The IRS lists transfer taxes and stamp taxes among the items homeowners cannot deduct.⁸

They do add to your cost basis in the property. The IRS treats purchase-related costs, including transfer taxes, as part of basis.⁹ A higher basis means a smaller taxable gain at sale. Paying $2,450 in deed stamps on a $350,000 home and later selling for $500,000 means the gain is measured against $352,450 rather than $350,000. With federal capital gains rates of 0%, 15%, or 20% depending on income, that basis bump can mean real money when you sell.¹⁰

1
Florida Department of Revenue. Documentary Stamp Tax
2
Justia Law. Florida Code 201.02 – Tax on Deeds and Other Instruments Relating to Real Property or Interests in Real Property
3
Florida Senate. Florida Code 201.08 – Tax on Promissory or Nonnegotiable Notes, Written Obligations to Pay Money, or Assignments of Wages or Other Compensation
4
Florida Department of Revenue. Documentary Stamp Tax
5
Florida Senate. Florida Code 199.133 – Levy of Nonrecurring Tax
6
Florida Department of Revenue. Where Is Documentary Stamp Tax Paid?
7
Florida Senate. Florida Code 201.17 – Penalties for Failure to Pay Tax Required
8
Internal Revenue Service. Publication 530, Tax Information for Homeowners
9
Internal Revenue Service. Basis of Assets
10
Internal Revenue Service. Topic No. 409, Capital Gains and Losses