Fla. Admin. Code Ann. R. 12B-4.012 - Rate, Consideration

(1) Documentary Stamps; Rate, Computation: Effective August 1, 1992, the tax under Section 201.02, F.S., on deeds, instruments, documents, or writings whereby any lands, tenements, or other realty or any interest therein is transferred or conveyed is 70 cents on each $100 or fractional part thereof of the consideration paid, or to be paid. When the full amount of the consideration is not shown in the face of such deed, instrument, document, or writing, the tax shall be at the rate of 70 cents on each $100 or fractional part thereof of the consideration therefor. The 70 cent rate applies except for any county that has implemented the provisions of Section 201.031, F.S. As of August 1, 1992, this would apply only to Dade County, where the rate of 60 cents applies.

(2) Definitions:

(a) "Consideration" under Section 201.02, F.S., includes, but shall not be limited to, money paid or to be paid, the amount of any indebtedness discharged by a transfer of any interest in real property, mortgage indebtedness and other encumbrances which the real property interest being transferred is subject to, notwithstanding the transferee may be liable for such indebtedness. Where property other than money is exchanged for interests in real property, there is the presumption that the consideration is equal to the fair market value of the real property interest being transferred.

(b) "Property other than money" includes, but shall not be limited to, property that is corporeal or incorporeal, tangible or intangible, visible or invisible, real or personal; everything that has an exchangeable value or which goes to make up wealth or estate.

(3) Discretionary Surtax, Rate and Computation: Certain charter counties, as defined in Section 125.011, F.S., are authorized to levy a surtax pursuant to Section 201.031, F.S., on the same documents taxed under Section 201.02, F.S. The rate of tax shall not exceed 45 cents for each $100 or fractional part thereof of the consideration paid or to be paid. However, a document conveying only a single family residence, which shall include a condominium unit, or a cooperative apartment unit representing a proprietary interest in a corporation owning a fee or leasehold interest initially in excess of 98 years, or a detached dwelling is not taxable. Where a document conveys more than one single-family residence the tax is due.

(4) Consideration - Surtax: The term "consideration" under Section 201.031, F.S., includes but is not limited to those terms in subsection (2) of this section.

(5) Interest: Even though the parties to the transaction term the total of annual payments as the "total consideration" for the conveyance or transfer, it is only the total of the principal amounts that is liable for the documentary stamp tax under Section 201.02, F.S., and the amounts set forth as interest are exempt from such tax. (1971 Op. Att'y. Gen. Fla. 071-30 (Feb. 19, 1971)) The same rule is applicable to the surtax levied under Section 201.031, F.S.

(6) Minimum Tax: The minimum tax is required on all conveyances where a nominal consideration such as "ten dollars and other valuable considerations, etc.", is cited in the document even though such statement may be impeached by competent evidence. (1931 Op. Att'y. Gen. Fla. 1931-32 Biennial Report, Page 855 (Nov. 30, 1931); Letter from Att'y. Gen. Fla. to State Comptroller (Dec. 10, 1962))

Notes

Fla. Admin. Code Ann. R. 12B-4.012

Rulemaking Authority 201.11(1), 213.06(1) FS. Law Implemented 201.01, 201.02, 201.031 FS.

Revised 8-18-73, Formerly 12A-4.12, Amended 2-21-77, 8-8-78, 11-29-79, 12-30-82, Formerly 12B-4.12, Amended 12-5-89, 2-13-91, 2-16-93, 12-30-97.

New 8-18-73, Formerly 12A-4.12, Amended 2-21-77, 8-8-78, 11-29-79, 12-30-82, Formerly 12B-4.12, Amended 12-5-89, 2-13-91, 2-16-93, 12-30-97.