Florida documentary stamp tax and intangible tax on real estate
Last reviewed: November 2026
Florida documentary stamp tax is an excise tax on documents. On a real estate sale it hits three things: the deed (70 cents per $100 of consideration), the note and mortgage (35 cents per $100 of the debt), and, separately, the mortgage is subject to a one-time nonrecurring intangible tax of 2 mills ($2 per $1,000).
The rates come from ss. 201.02, 201.08 and 199.133, Florida Statutes. Below are the rules and worked examples you need for the exam (area XIV) and for reading a closing statement.
Florida doc stamp and intangible tax rates
| Document | Rate | Base | Statute |
|---|---|---|---|
| Deed (all counties except Miami-Dade) | $0.70 per $100 or fraction | Total consideration | s. 201.02(1)(a) |
| Deed, Miami-Dade County | $0.60 per $100 or fraction | Total consideration | Florida Department of Revenue (DOR) |
| Miami-Dade surtax (not on single-family residences) | $0.45 per $100 or fraction | Total consideration | s. 201.031; DOR |
| Promissory note, written obligation to pay money | $0.35 per $100 or fraction, capped at $2,450 | Amount of the debt | s. 201.08(1)(a) |
| Recorded mortgage or other lien | $0.35 per $100 or fraction, no cap | Amount secured | s. 201.08(1)(b); DOR |
| Nonrecurring intangible tax | 2 mills ($0.002 per $1) | Obligation secured by Florida real property | s. 199.133(1) |
How to calculate doc stamps on a deed
- Find the consideration.
- Divide by 100 and round up to a whole number. DOR applies the rate to each $100 "or portion thereof."
- Multiply by $0.70 (or $0.60 in Miami-Dade).
Example 1. A house in Orange County sells for $327,450. 3,274.5 units → 3,275 × $0.70 = $2,292.50.
Example 2 (from DOR). A buyer pays $30,000 down, and the seller takes back a $150,000 note and mortgage. The consideration is $180,000, so the tax is 1,800 × $0.70 = $1,260.
Example 3, Miami-Dade. A vacant lot sells for $640,000. Doc stamps: 6,400 × $0.60 = $3,840. Surtax: 6,400 × $0.45 = $2,880. Total $6,720. If the property were a single-family residence, only the $3,840 would be due.
What counts as consideration
Under s. 201.02(1)(a), consideration includes money paid or agreed to be paid, the discharge of an obligation, and the amount of any mortgage or other encumbrance, whether or not the buyer assumes it. If property other than money is exchanged, the consideration is presumed to equal the fair market value of the real property.
So a deed transferring a property subject to a $200,000 mortgage is taxed on at least $200,000, even if no cash changes hands.
Doc stamps on the note and mortgage
When a buyer finances, the new note and mortgage are taxed at 35 cents per $100 of the debt (s. 201.08, F.S.). If there is both a mortgage and a note, the tax is paid on the mortgage when it is recorded, and the note is marked as paid (s. 201.08(1)(b)).
Example 4. New loan of $261,960 secured by a recorded mortgage: 2,620 units × $0.35 = $917.00.
The $2,450 cap. The cap in s. 201.08(1)(a) applies to promissory notes and similar written obligations, not to recorded mortgages; DOR states there is no cap on mortgages. Example: an unsecured $900,000 promissory note would compute to 9,000 × $0.35 = $3,150, so the tax is capped at $2,450.
Florida intangible tax on a mortgage
Section 199.133(1), F.S. imposes a one-time tax of 2 mills on each dollar of notes, bonds and other obligations secured by a mortgage or lien on Florida real property. Two mills = $0.002. No rounding to $100 units.
Example 5. Same $261,960 mortgage: $261,960 × 0.002 = $523.92.
If the loan is also secured by property outside Florida, only the Florida share is taxed (s. 199.133(2)).
Who pays Florida doc stamps
The statute doesn't assign the tax to the buyer or seller. DOR says all parties to the document are liable regardless of who agrees to pay; if one party is exempt, a non-exempt party must pay. In practice the sales contract allocates these costs, and exam closing-statement questions tell you who is charged.
A common custom, used in many practice problems, is that the seller pays the deed stamps and the buyer pays the note stamps and intangible tax on the new loan. That is custom, not law: the sales contract can assign these costs differently, and on the exam you follow what the question says.
When and where the tax is paid
- Recorded documents: paid to the county clerk of court or recording official when the document is recorded (DOR).
- A deed is taxable even if it is not recorded. If it isn't recorded by the 20th day of the month after delivery, the tax is paid directly to DOR (DOR).
Common exemptions
- Transfers between spouses or former spouses under a divorce, when the property was their marital home (s. 201.02(7)(a)).
- Transfers of homestead property between spouses when the only consideration is the existing mortgage (s. 201.02(7)(b)).
Not an exemption, but useful: DOR's examples show that a deed of unencumbered property for nominal consideration (such as "$10 and other good and valuable consideration") owes $0.70. A "gift" of mortgaged property is still taxed on the mortgage balance, because the mortgage counts as consideration.
Exam shortcuts
- Deed → sale price → 70¢ per $100, round units up.
- New loan → loan amount → 35¢ per $100 (stamps) plus 0.002 × loan (intangible).
- Assumed mortgage → still part of the deed's consideration (s. 201.02(1)(a)). DOR also lists recorded mortgage assumptions among documents subject to the 35¢ tax.
See our closing statement and prorations guide for where these amounts go on a closing statement, and our real estate math page for other formulas.
Practice the tax questions
Try the doc stamp and intangible tax questions in our free Florida practice test. Each answer shows the calculation and the statute. More closing math is in the paid question bank.
Real Estate Drill is an independent study tool, not tax or legal advice. We are not affiliated with FREC, DBPR, Pearson VUE or the Florida Department of Revenue.