> ## Content Index > Fetch the complete content index at: https://www.floridaclosingguide.com/llms.txt > Use this file to discover other available public pages before exploring further. # Florida Doc Stamps and Intangible Tax Explained (With Worked Examples) - URL: https://www.floridaclosingguide.com/guides/florida-documentary-stamp-tax-intangible-tax/ - Published: 2026-11-02T23:59:46.000Z - Updated: 2026-11-02T23:59:46.000Z - Description: How Florida's documentary stamp tax on deeds and mortgages and the nonrecurring intangible tax work, with the statutes, Miami-Dade's different rate, and step-by-step examples. - Author: Justin Bailey - Tags: Closing Costs, Buying, Selling Florida doesn't have a state income tax, but it does tax real estate paperwork. When a Florida home sells, up to three state taxes appear on the closing statement: 1. **Documentary stamp tax on the deed** 2. **Documentary stamp tax on the mortgage (or note)** 3. **Nonrecurring intangible tax on the mortgage** Together these are often the largest government charges in the transaction. The upside is that they follow fixed formulas set by statute, so you can calculate them yourself. This guide explains each tax, the law behind it, who customarily pays, and then works through examples step by step. ## Quick reference | Tax | Statute | Rate | Calculated on | | ---------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------- | --------------------------------------------------- | | Doc stamps on deeds (all counties except Miami-Dade) | [§201.02](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.02.html&ref=floridaclosingguide.com), F.S. | $0.70 per $100 or portion thereof | Total consideration (price) | | Doc stamps on deeds (Miami-Dade) | [§201.031](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.031.html&ref=floridaclosingguide.com), F.S. | $0.60 per $100, plus $0.45 per $100 surtax unless the deed conveys only a single-family residence | Total consideration | | Doc stamps on mortgages and notes | [§201.08](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.08.html&ref=floridaclosingguide.com), F.S. | $0.35 per $100 or portion thereof | Amount of the debt | | Nonrecurring intangible tax | [§199.133](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0100-0199/0199/Sections/0199.133.html&ref=floridaclosingguide.com), F.S. | 2 mills (0.002) | Amount of the debt secured by Florida real property | ## Part 1: Doc stamps on the deed ### What it is Florida imposes an excise tax on documents that transfer an interest in Florida real property, deeds most of all. Outside Miami-Dade County, the rate is **70 cents per $100 of consideration.** The statute adds "or fractional part thereof," which means **any partial $100 counts as a full $100.** "Consideration" is broader than the check written at closing. Under [section 201.02](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.02.html&ref=floridaclosingguide.com), it includes money paid or agreed to be paid, the discharge of an obligation, and the amount of any mortgage or other lien on the property, **whether or not the buyer assumes it.** For an ordinary arm's-length sale, consideration is usually just the purchase price. ### Miami-Dade is different Miami-Dade is the only county with a different deed rate: **60 cents per $100.** It also has a **45-cent-per-$100 discretionary surtax**, which does **not** apply to a document that transfers only a single-family dwelling. Under [§201.031](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.031.html&ref=floridaclosingguide.com), a "single-family residence" includes a detached home, a **condominium unit**, and certain co-op units. Vacant land, commercial property, and multi-unit property generally pay both the tax and the surtax. If a property's status is unclear (a mixed-use parcel or a sale of several units, for example), confirm the treatment with your closing agent. ### Who pays Legally, the Florida Department of Revenue says **all parties to the document are liable** for the tax, whoever agreed to pay it. By long-standing custom and standard Florida contract terms, **the seller pays the deed doc stamps** in residential sales. A 2015 statewide survey by Attorneys' Title Insurance Fund reported that answer as unanimous. Your contract controls, though, so check it. ### Worked example 1: Standard county, round number A home in Hillsborough County sells for **$400,000**. - Taxable units: $400,000 ÷ $100 = **4,000** - Tax: 4,000 × $0.70 = **$2,800** ### Worked example 2: Rounding a partial $100 A home in Orange County sells for **$385,050**. - $385,050 ÷ $100 = 3,850.5, which **rounds up to 3,851** units, because any portion of $100 counts as a full $100 - Tax: 3,851 × $0.70 = **$2,695.70** ### Worked example 3: Miami-Dade single-family home A single-family house in Miami-Dade sells for **$600,000**. - Units: 6,000 - Doc stamps: 6,000 × $0.60 = **$3,600** - Surtax: **not due** (the deed conveys only a single-family dwelling) - **Total: $3,600** ### Worked example 4: Miami-Dade vacant lot (from the Florida DOR's own example) A vacant lot in Miami-Dade sells for **$500,000**. - Doc stamps: 5,000 × $0.60 = $3,000 - Surtax: 5,000 × $0.45 = $2,250 - **Total: $5,250** ### Common exemptions (narrow, so verify) Florida law exempts certain transfers, including some deeds between spouses of homestead property where the only consideration is the existing mortgage, and certain deeds between spouses or former spouses incident to a divorce involving the marital home. **Deeds for nominal consideration ("$10 and other good and valuable consideration") on unencumbered property generally owe the minimum tax of $0.70**, but if a mortgage remains on the property, its balance can count as consideration. Estate-planning transfers have no blanket exemption. These rules are technical, so speak with a Florida real estate attorney before relying on any exemption. ## Part 2: Doc stamps on the mortgage ### What it is When you sign a promissory note and record a mortgage to secure it, Florida taxes the debt at **35 cents per $100, or portion thereof**, of the amount owed ([§201.08](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.08.html&ref=floridaclosingguide.com), F.S.). When there is both a note and a mortgage, the tax is paid once, on the mortgage, when it's recorded. ### Is there a cap? You may read that Florida caps note doc stamps at **$2,450**. That cap applies to **unsecured notes** and similar written obligations. For **recorded mortgages**, the Florida Department of Revenue states plainly: **"There is no cap on the amount of tax due."** For a typical home loan secured by a recorded mortgage, expect the tax on the full loan amount. ### Who pays The borrower customarily pays mortgage doc stamps. All parties are legally liable, and the contract or loan documents allocate the actual payment. ### Worked example 5: Mortgage doc stamps Loan amount: **$320,000** - Units: 3,200 - Tax: 3,200 × $0.35 = **$1,120** ### Worked example 6: Rounding on a loan amount Loan amount: **$296,550** - $296,550 ÷ $100 = 2,965.5, which rounds up to **2,966** units - Tax: 2,966 × $0.35 = **$1,038.10** ## Part 3: Nonrecurring intangible tax ### What it is [Section 199.133](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0100-0199/0199/Sections/0199.133.html&ref=floridaclosingguide.com), F.S., imposes a **one-time tax of 2 mills**, which is $2 per $1,000 or 0.002 times the amount, on notes and other obligations to the extent they're **secured by a mortgage on Florida real property.** It's paid when the mortgage is recorded. Two details from the Department of Revenue: - The tax is never calculated on more than the **fair market value of the Florida property** securing the loan. - If a loan is secured by Florida property *and* other collateral (property in another state, for example), the tax may be prorated. ### Who pays **The lender is the taxpayer legally liable, but the lender may pass the cost to the borrower**, and in residential lending it routinely appears as a borrower charge. ### Worked example 7: Intangible tax Loan amount: **$320,000** - $320,000 × 0.002 = **$640** ### Worked example 8: Loan larger than the property value (DOR example) A $151,250 obligation is secured solely by Florida property worth $150,000. - Tax is limited to the property value: $150,000 × 0.002 = **$300** Note that the intangible tax isn't rounded up to the next $100 the way doc stamps are. It's a straight multiplication. ## Putting it together: one purchase, all three taxes **Scenario:** A $400,000 single-family home in Pinellas County, financed with a $320,000 mortgage. | Item | Math | Amount | Customarily paid by | | --------------------- | ---------------- | ------------- | -------------------------------- | | Deed doc stamps | 4,000 × $0.70 | $2,800.00 | Seller | | Mortgage doc stamps | 3,200 × $0.35 | $1,120.00 | Buyer | | Intangible tax | $320,000 × 0.002 | $640.00 | Buyer (passed through by lender) | | **Total state taxes** | | **$4,560.00** | | On these customs, the buyer's share of state taxes in this example is **$1,760**. A **cash buyer** in the same deal would owe neither mortgage tax. These figures cover the state taxes only. County recording fees, title insurance, and lender charges are separate (see *Florida Closing Costs for Buyers*). ## What about refinances and loan modifications? A new mortgage on a refinance is generally subject to mortgage doc stamps and intangible tax. Florida law also treats some loan **modifications** as taxable "renewals," such as those that increase principal, add an obligor, or change the rate, maturity, or payment terms. Others are not taxable, such as those that only correct errors or substitute collateral ([§201.08(5)](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.08.html&ref=floridaclosingguide.com), F.S.). How this applies to a specific refinance or modification depends on the documents. Ask your lender or closing agent to confirm the tax on your transaction. ## FAQ **What is the doc stamp tax rate in Florida?** For deeds, it's $0.70 per $100 of consideration in every county except Miami-Dade, which is $0.60 per $100 plus a $0.45 surtax on transfers other than single-family dwellings. For mortgages, it's $0.35 per $100 of the debt statewide. **Who pays doc stamps in Florida, the buyer or the seller?** By custom and standard contract terms, the seller pays deed stamps and the borrower pays mortgage stamps. Legally, all parties to the document are liable, so the contract matters. **Is there a maximum on Florida mortgage doc stamps?** The $2,450 cap in [§201.08](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.08.html&ref=floridaclosingguide.com) applies to notes and written obligations. The Department of Revenue states there is no cap on tax due on recorded mortgages. **How is Florida intangible tax calculated?** Multiply the loan amount secured by Florida real property by 0.002\. The taxable amount can't exceed the property's fair market value. **Do I pay intangible tax if I pay cash?** No. The intangible tax applies only to obligations secured by a mortgage or lien on Florida real property. **Why did my doc stamp amount end in an odd number of cents?** Doc stamps are calculated per $100 "or portion thereof," so a price or loan amount that isn't a round $100 gets rounded up one unit before the rate is applied. --- > *This guide is for general educational purposes only and is not legal, tax, or financial advice. Florida rules and rates change, and every transaction is different. Verify the figures for your purchase with a licensed Florida title agent, real estate attorney, or lender before relying on them.* ## Sources - Florida Statutes [§201.02](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.02.html&ref=floridaclosingguide.com) (tax on deeds and other instruments relating to real property): [http://www.leg.state.fl.us/statutes/index.cfm?App\_mode=Display\_Statute&URL=0200-0299/0201/Sections/0201.02.html](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.02.html&ref=floridaclosingguide.com) - Florida Statutes [§201.031](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.031.html&ref=floridaclosingguide.com) (Miami-Dade discretionary surtax): [http://www.leg.state.fl.us/statutes/index.cfm?App\_mode=Display\_Statute&URL=0200-0299/0201/Sections/0201.031.html](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.031.html&ref=floridaclosingguide.com) - Florida Statutes [§201.08](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.08.html&ref=floridaclosingguide.com) (tax on notes, mortgages, and other obligations): [http://www.leg.state.fl.us/statutes/index.cfm?App\_mode=Display\_Statute&URL=0200-0299/0201/Sections/0201.08.html](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0200-0299/0201/Sections/0201.08.html&ref=floridaclosingguide.com) - Florida Statutes [§199.133](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0100-0199/0199/Sections/0199.133.html&ref=floridaclosingguide.com) (levy of nonrecurring intangible tax): [http://www.leg.state.fl.us/statutes/index.cfm?App\_mode=Display\_Statute&URL=0100-0199/0199/Sections/0199.133.html](https://www.leg.state.fl.us/statutes/index.cfm?App%5Fmode=Display%5FStatute&URL=0100-0199/0199/Sections/0199.133.html&ref=floridaclosingguide.com) - Florida Department of Revenue, Documentary Stamp Tax (rates, consideration, examples, mortgages "no cap"): [https://floridarevenue.com/taxes/taxesfees/Pages/doc\_stamp.aspx](https://floridarevenue.com/taxes/taxesfees/Pages/doc%5Fstamp.aspx?ref=floridaclosingguide.com) - Florida Department of Revenue, Nonrecurring Intangible Tax (rate, liability, examples): [https://floridarevenue.com/taxes/taxesfees/Pages/nonrecurring\_intangible\_tax.aspx](https://floridarevenue.com/taxes/taxesfees/Pages/nonrecurring%5Fintangible%5Ftax.aspx?ref=floridaclosingguide.com) - Attorneys' Title Insurance Fund, *Concept* (Sept. 2015), "And the Survey Says: Who Pays for Title Insurance by County?" (custom that the seller pays deed stamps): [https://irp.cdn-website.com/fa93e410/files/uploaded/Who+pays+title+insurance+by+County.pdf](https://irp.cdn-website.com/fa93e410/files/uploaded/Who+pays+title+insurance+by+County.pdf?ref=floridaclosingguide.com)