1. (1) (a) Liability in general – Except as otherwise provided in paragraph (1)(b) and subsections (2) and (3) of this rule, the tax is payable by any of the parties to a taxable document. When the parties to the document agree who will pay the tax, the agreement does not relieve the remaining parties from their liability for the payment of the tax in the event the agreement is not followed. The tax remains due by the remaining parties.
2. (b) Cooperative Apartment – Only the purchaser is liable for the payment of the tax.

3. (2) United States, Its Agencies or Instrumentalities

   1. (a) A document between nonexempt parties and the United States or its agencies is taxable unless such document has been exempted by federal or state law.
   2. (b) Written obligations to pay money executed by the United States or its agencies as borrowers are exempt.
   3. (c) Mortgages and notes executed by nonexempt parties to instrumentalities of the federal government are subject to the tax.
   4. (d) Mortgages and notes between nonexempt parties and agencies or instrumentalities of the federal government exempt by Congress are not taxable. However, an instrument which is guaranteed or insured by such an agency or instrumentality is subject to tax.

4. (3) State, Counties, and Municipalities.

   1. (a) The state, county, municipality, or any political subdivision is not liable for documentary stamp tax. However, the document is not exempt from tax, and any nonexempt party to the document is liable for the tax.
   2. (b) Written obligations to pay money issued by the state, counties, municipalities or any political subdivision of the state are exempt.

5. (4) Documents Between Governmental Agencies.

   1. (a) Documents that transfer real property between federal or state agencies or counties, municipalities, or any political subdivisions are not taxable.
   2. (b) A conveyance by a master in chancery, sheriff, or clerk of circuit court for realty sold under foreclosure, execution, or court judgment to an agent of the federal government who is the mortgagee is not taxable unless there are excess funds received from the sale from which the tax may be paid.

Rulemaking Authority 201.11(1), 213.06(1) FS. Law Implemented 201.01, 201.02, 201.08, 201.24 FS. History–New 8-18-73, Formerly 12A-4.02, Amended 3-13-79, 11-29-79, 12-3-81, Formerly 12B-4.02, Amended 12-5-89, 2-13-91, 12-30-97, 1-25-26.