What Are Documentary Stamp Taxes and Who Pays Them in Florida?
Florida imposes documentary stamp taxes on real estate deeds and mortgages — and the seller pays the tax on the deed. Here is how the tax is calculated, who pays what, and what sellers need to know before closing.
What Are Documentary Stamp Taxes and Who Pays Them in Florida?
Florida imposes a documentary stamp tax on real estate deeds and mortgages. For sellers, the most important thing to know is that the tax on the deed is paid by the seller — and it is calculated on the full sale price, not just the equity.
The Documentary Stamp Tax on Deeds (Seller's Tax)
Florida Statute 201.02 imposes a documentary stamp tax on deeds and other instruments that transfer an interest in real property. The tax rate is:
- $0.70 per $100 of the sale price in all Florida counties except Miami-Dade
- $0.60 per $100 of the sale price in Miami-Dade County
Examples:
- $400,000 sale: $2,800 in doc stamps
- $600,000 sale: $4,200 in doc stamps
- $800,000 sale: $5,600 in doc stamps
- $1,000,000 sale: $7,000 in doc stamps
- $1,500,000 sale: $10,500 in doc stamps
Who pays: The seller pays the documentary stamp tax on the deed in all Florida counties. This is a legal requirement, not a local custom — it cannot be negotiated away.
The Documentary Stamp Tax on Mortgages (Buyer's Tax)
Florida also imposes a documentary stamp tax on mortgages and other financing instruments. This tax is paid by the buyer (the borrower), not the seller.
The rate is $0.35 per $100 of the mortgage amount. On a $400,000 mortgage, the tax is $1,400.
Intangible Tax on Mortgages
In addition to the documentary stamp tax on mortgages, Florida imposes an intangible tax on new mortgages at the rate of $0.002 per dollar of the mortgage amount ($2 per $1,000). On a $400,000 mortgage, the intangible tax is $800. This is also paid by the buyer.
How the Tax Is Paid
The documentary stamp tax on the deed is collected by the title company at closing and remitted to the Florida Department of Revenue. It appears as a line item on the seller's closing disclosure.
FAQ
Is the documentary stamp tax negotiable?
No. The documentary stamp tax rate is set by Florida statute and cannot be negotiated between buyer and seller. The seller is legally required to pay the tax on the deed.
Is the documentary stamp tax deductible?
The documentary stamp tax on the deed is a selling expense that reduces the seller's capital gain for federal income tax purposes. Consult a tax professional for guidance specific to your situation.
Does the documentary stamp tax apply to refinances?
Yes. When a property is refinanced, the new mortgage is subject to the documentary stamp tax and intangible tax.
Want a complete net proceeds estimate for your Emerald Coast sale, including documentary stamp taxes? I provide written estimates for every seller I represent.
— Kinsey Haddock P.A., Broker Associate | Coldwell Banker Realty — Panhandle | License #BK3253849
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Written by
Kinsey Haddock P.A.Kinsey Haddock P.A. is a Broker Associate and REALTOR® with Coldwell Banker Realty, specializing in coastal real estate across the entire Florida Panhandle — from St. George Island and the Forgotten Coast to Panama City Beach, Scenic Highway 30A, and Destin.