Florida Documentary Stamp Tax: Rates, Who Pays, and How to Calculate
Florida's documentary stamp tax applies to both the deed at transfer and the promissory note at closing. The statewide deed rate is $0.70 per $100 of the sale price—but Miami-Dade condos pay $1.05 per $100 due to a county surtax. Here is what buyers and sellers each owe, with worked examples.
Published
At a glance — Florida doc stamps and intangible tax rates
| Tax | Rate | Who pays | Authority |
|---|---|---|---|
| Doc stamps on deed (statewide) | $0.70 per $100 | Seller | Fla. Stat. § 201.02 |
| Doc stamps on deed (Miami-Dade, condo/commercial) | $1.05 per $100 | Seller | Fla. Stat. § 201.02 + DOR GT-800014 |
| Doc stamps on deed (Miami-Dade, single-family) | $0.60 per $100 | Seller | DOR GT-800014 |
| Doc stamps on mortgage note | $0.35 per $100 | Buyer/borrower | Fla. Stat. § 201.08 |
| Nonrecurring intangible tax on mortgage | 0.2% of principal | Buyer/borrower | Fla. Stat. § 199.133 |
Every real estate closing in Florida generates at least two categories of state tax: the documentary stamp tax on the deed (a transfer tax based on the sale price) and the documentary stamp tax on the promissory note (a tax on the mortgage loan). If the buyer is financing the purchase, a third charge—the nonrecurring intangible tax—also applies to the mortgage. Understanding all three prevents costly surprises at the closing table.
Documentary Stamp Tax on Deeds
The Statewide Rate
When a deed transferring Florida real property is recorded, the state collects a documentary stamp tax of $0.70 per $100 of the consideration (the sale price). This is authorized under Fla. Stat. § 201.02. The tax is calculated on the full sale price rounded up to the nearest $100.
On a $450,000 sale anywhere outside Miami-Dade: 4,500 × $0.70 = $3,150 in deed doc stamps.
Miami-Dade County: A Different Rate Structure
Miami-Dade County levies a surtax on top of the state deed doc stamps. The rate structure, confirmed in Florida DOR Publication GT-800014, breaks out as follows:
- Single-family residential in Miami-Dade: $0.60 per $100 (state rate only; Miami-Dade single-family properties receive the surtax exemption)
- Condominiums, commercial property, and all other property in Miami-Dade: $0.60 per $100 (state) + $0.45 per $100 (county surtax) = $1.05 per $100 total
On a $450,000 condo in Miami-Dade: 4,500 × $1.05 = $4,725 in deed doc stamps.
That is $1,575 more than the same transaction would cost outside Miami-Dade—a meaningful difference sellers should account for when calculating net proceeds.
Who customarily pays? In Florida, the seller customarily pays the documentary stamp tax on the deed at closing. The obligation follows the deed, however, so if not paid, the tax can attach to the property as a lien. Always confirm the deed tax is on the seller’s side of the closing disclosure.
How the Tax Is Calculated
The documentary stamp tax is assessed per $100 of the consideration stated in the deed, rounded up to the nearest $100. If a deed states a sale price of $412,750, it is taxed as if the price were $412,800.
- Statewide: $412,800 ÷ 100 × $0.70 = $2,889.60
- Miami-Dade condo: $412,800 ÷ 100 × $1.05 = $4,334.40
If the deed does not state the full consideration—for example, in a gift or estate transfer—Florida law imposes the tax on the fair market value of the property. Cash sales and financed sales are taxed the same; the rate applies to the purchase price, not the equity or loan amount.
Documentary Stamp Tax on Mortgage Notes
The Rate
Separately from the deed tax, Florida taxes the promissory note (the mortgage document) at $0.35 per $100 of the original principal balance, rounded up to the nearest $100. This is authorized by Fla. Stat. § 201.08.
On a $360,000 loan: 3,600 × $0.35 = $1,260 in note doc stamps.
The borrower (buyer) pays this tax, which is collected at closing and remitted to the state. There is no cap on this tax for real property mortgages—it applies to the full face value of the note.
Who Pays the Note Doc Stamp?
The note doc stamp is always a buyer / borrower expense. It appears on the Closing Disclosure under “Transfer Taxes.” It is not negotiable and is the same statewide—Miami-Dade does not have a surtax on mortgage notes.
Nonrecurring Intangible Tax on Mortgages
What It Is
Florida also imposes a nonrecurring intangible tax of 2 mills (0.2%) on the original principal balance of every new mortgage recorded in the state, under Fla. Stat. § 199.133. This is distinct from the doc stamp on the note and is paid by the borrower at closing.
On a $360,000 loan: $360,000 × 0.002 = $720 in intangible tax.
The word “nonrecurring” is important—this is a one-time tax paid at closing, not an annual levy. It is not a property tax and does not appear on your tax bill each year.
Combined Buyer Tax on the Mortgage
On a $360,000 loan, a Florida buyer pays:
| Tax | Calculation | Amount |
|---|---|---|
| Doc stamps on note | 3,600 × $0.35 | $1,260 |
| Intangible tax | $360,000 × 0.2% | $720 |
| Total mortgage taxes | $1,980 |
This $1,980 is real money that must be paid in cash at closing—it cannot be rolled into the loan balance.
Worked Examples
Example 1: $500,000 Condo in Miami-Dade, 80% LTV
Seller pays (deed doc stamps at $1.05/$100): 5,000 × $1.05 = $5,250
Buyer pays (on $400,000 loan):
- Note doc stamps: 4,000 × $0.35 = $1,400
- Intangible tax: $400,000 × 0.2% = $800
- Buyer mortgage taxes total: $2,200
Example 2: $350,000 Condo in Broward County (statewide rate)
Seller pays (deed doc stamps at $0.70/$100): 3,500 × $0.70 = $2,450
Buyer pays (on $280,000 loan):
- Note doc stamps: 2,800 × $0.35 = $980
- Intangible tax: $280,000 × 0.2% = $560
- Buyer mortgage taxes total: $1,540
Example 3: All-cash purchase, $600,000 Miami-Dade condo
Seller pays deed doc stamps: 6,000 × $1.05 = $6,300
Buyer pays: $0 (no note, no mortgage, no intangible tax)
In all-cash transactions, the buyer avoids the note doc stamp and intangible tax entirely. The deed tax is still owed by the seller.
New Construction vs. Resale
For new construction condo purchases in Florida, the developer is typically responsible for the deed documentary stamp tax on the initial transfer from developer to buyer, though some developer contracts attempt to pass this cost to the buyer. Review the contract carefully.
For resale transactions, the seller pays the deed doc stamp and the buyer pays the mortgage taxes as described above.
Florida law does not allow the parties to waive documentary stamp taxes by agreement. Even if the purchase contract states that the buyer will pay the deed doc stamp, the state looks to the party who records the deed—typically the closing agent on behalf of the parties—and any privately agreed allocation does not affect the state’s ability to collect. The standard Florida residential contract (FAR/BAR) assigns the deed doc stamp to the seller.
Is the documentary stamp tax deductible on federal taxes?
The documentary stamp tax on the deed is generally not deductible on the federal income tax return for either buyer or seller. For sellers, it may be added to the cost basis or treated as a selling expense when calculating capital gains—consult a tax professional. The note doc stamp and intangible tax paid by the buyer may be deductible in limited circumstances; this depends on your specific situation and current IRS guidance. This guide does not constitute tax advice.
Does the documentary stamp tax apply to refinances?
Yes. When you refinance a Florida mortgage, the new promissory note is subject to the $0.35 per $100 documentary stamp tax on the full new loan amount, plus the 0.2% intangible tax. There is a credit available for intangible tax previously paid if you are refinancing with the same lender and the principal amount does not exceed the original balance. Ask your closing agent whether the credit applies.
Why is the Miami-Dade condo deed rate higher than single-family?
Florida law allows Miami-Dade County to levy a surtax of $0.45 per $100 on deed transfers. However, single-family residential property is exempt from the Miami-Dade surtax. Condominiums, townhomes in a condo form of ownership, commercial property, and other real estate in Miami-Dade pay the combined rate of $1.05 per $100. See Florida DOR Publication GT-800014 for the county rate schedule.
Is there a cap on documentary stamp taxes in Florida?
There is no cap on the documentary stamp tax for real property deeds or mortgage notes. The tax scales with the sale price or loan amount with no upper limit. Florida statute does impose a cap in certain non-real-estate contexts (promissory notes for personal property can be capped at $2,450), but that cap does not apply to mortgages secured by real property.
What happens if documentary stamp taxes are not paid?
The Florida Department of Revenue can assess penalties and interest on unpaid documentary stamp taxes. If the tax on a deed goes unpaid, it can become a lien on the property. Closing agents and title companies remit these taxes at or shortly after closing, so in a properly handled transaction the taxes are paid before the deed is recorded. If you are purchasing without a closing agent or title company, consult a Florida real estate attorney.
This guide is for general information only and does not constitute legal, tax, or financial advice. Documentary stamp tax rates and rules are set by Florida statute and the Florida Department of Revenue; rates cited are current as of the published date and are subject to legislative or regulatory change. Consult a licensed Florida attorney or CPA for advice specific to your transaction. Stefania Riverin, FL SL3620067, is a licensed Florida real estate sales associate brokered by NB Elite Realty. This content does not create an agency or attorney-client relationship.
Sources
Every figure on this page traces to one of these. Where a rule changed, the date it changed is stated.
- Fla. Stat. § 201.02 – Tax on deeds and other instruments relating to real property
- Fla. Stat. § 201.08 – Tax on promissory notes, mortgages, and other written obligations
- Fla. Stat. § 199.133 – Levy of nonrecurring intangible tax on mortgages
- Florida DOR GT-800014 – Documentary Stamp Tax (includes Miami-Dade surtax)
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