1. (1) Exchange of Property. In an exchange of real property by the respective owners of the property exchanged, lands are given as consideration for the transfer of other lands between the parties. The consideration has a reasonably determinable value and is property other than money. The consideration for each deed is the fair market value of the property transferred, plus any other consideration.
2. (2) Defaulting Mortgagor: Where a mortgagor, in full or partial satisfaction of the mortgage indebtedness or in lieu of foreclosure of a mortgage, conveys the mortgaged premises to the mortgagee, documentary stamp taxes are due on the transaction. The tax will be due on the unpaid portion of any mortgages or other encumbrances the property is subject to, plus any other consideration as defined in Section 201.02(1), F.S., including accrued interest.
3. (3) (a) Clerk of the Court, Master, Sheriff. A conveyance by a master in chancery, a sheriff, or a Clerk for realty sold under foreclosure or execution is subject to tax. The tax is computed on the amount of the highest and best bid received for the property at the foreclosure sale. The Clerk is required to collect the tax from the highest bidder when the Certificate of Title is recorded.
4. (b) The assignment of a succesful bid at a forclosure sale is taxable as an instrument transferring real property.

5. (4) Threat of Eminent Domain Proceedings. Conveyances of realty made to a governmental entity under threat of condemnation or as part of an out-of-court settlement of condemnation proceedings are not subject to documentary stamp tax. Threat of condemnation exists when a property owner is informed in writing by a representative of a governmental body or public official authorized to acquire property for public use, that such body or official has decided to acquire the property and the property owner has reasonable grounds to believe that the necessary steps to condemn the property will be instituted if a voluntary sale is not arranged. Conveyances to nongovernmental entities are subject to tax.

   Cross Reference – subsection 12B-4.014(12), F.A.C.

6. (5) State, County, Municipality. Conveyance to or by the state, a county, a municipality or other public agency to or by a nonexempt party is subject to tax. The state, county, municipality or other public agency is exempt from payment of tax but the nonexempt party is not exempt.
7. (6) United States, Its Agencies or Instrumentalities. Conveyance to the United States, its agencies or instrumentalities from a nonexempt party, except as provided in subsection 12A-4.014(11), F.A.C., is subject to tax.
8. (7) Timber, Oil, Gas, and Mineral – Contracts or Assignments. Contracts, agreements, leases, and other documents conveying any interest in standing timber, pine stumps, oil or gas leases and assignments or conveyances of oil, gas, mineral rights or royalty interests affecting lands in this state are subject to tax.
9. (8) Cooperative Units. Instruments by which the right is granted to a tenant-stockholder to occupy a unit owned by a cooperative corporation are subject to tax.
10. (9) Condominium Units: Instruments conveying interest or ownership in a condominium unit are subject to tax.
11. (10) Cemetery Lots, Interment Rights, Sepulcher Rights. Documents conveying cemetery lots, interment rights, sepulcher rights or any other interest in realty are subject to tax.
12. (11) Easements. A document that conveys an easement is subject to tax
13. (12) Agreement or Contract for Deed. Consideration for the conveyance of an equitable interest in real property pursuant to an agreement or contract for deed includes the amount of any payments made and the unpaid balance of the agreement or contract. Tax is calculated on the full contract price and paid on the contract when made. No tax is due on the recorded deed made when the proper amount of taxes has been paid on the contract. The deed must indicate, by a notation on the contract, that the proper amount of tax has been paid.
14. (13) Cancellation of Contract or Agreement for Deed. A conveyance of the purchaser’s interest to the seller in satisfaction of the purchaser’s obligation under a contract or agreement for deed where the indebtedness of the purchaser is canceled, or otherwise rendered unenforceable, is subject to tax. The measure of the tax payable is determined by the amount of the indebtedness canceled or otherwise rendered unenforceable and any other consideration given by the seller.
15. (14) Assignment of Contract for Deed. The assignment of a prior purchaser’s interest under a contract or agreement for deed to a new purchaser is a conveyance of an equitable interest which the prior purchaser had in the real property. Consideration for the transfer includes the amount paid by the new purchaser and the unpaid balance of the contract for deed. Tax is due based on the total consideration. No tax is due on the recorded deed when the proper amount of tax has been paid on the assignment. The deed must indicate by a notation that proper tax has been paid. Tax is also due under Section 201.08, F.S., if the remaining balance of the contract is assumed by the new purchaser.
16. (15) Industrial Development Authority and Florida Housing Finance Corporation. Conveyances of realty by industrial development authorities and the Florida Housing Finance Corporation to private corporations are taxable.
17. (16) Gift Transactions; Mortgage on Property: A gift of mortgaged realty is taxable based upon the unpaid balance of the mortgage at the time of transfer.
18. (17) Combined Sale of Land and Improvements. Where a conveyance of realty is made by a corporation or person engaged in the business of land sales and construction of buildings and other improvements, tax is imposed on the conveyance based on the amount of consideration paid or to be paid upon delivery of the deed to the purchaser. If the deed is not delivered to the purchaser until construction is completed, tax is required on the total consideration paid for the land and improvements.
19. (18) “Wrap-Around” Mortgages. Where a “wrap-around” mortgage is given to secure the unpaid balance of the purchase price for the transfer of realty, tax is to be paid on the total consideration, which includes the amount of any “wrap-around” mortgage.
20. (19) Mortgage on Property. When computing the tax under Section 201.02, F.S., on a deed, the total consideration includes any mortgages encumbering the property being transferred.

21. (20) Mobile Homes.

    1. (a) A document that transfers a mobile home classified as real property at the time of transfer is subject to tax. A mobile home is classified as real property when, prior to the transfer, the mobile home is permanently affixed to land owned by the seller of the mobile home and:

       1. The mobile home and land are listed on the ad valorem property tax roll for the county in which the mobile home and land are located; or

       2. The seller of the mobile home and of the land to which the mobile home is permanently affixed has filed a declaration with the county property appraiser requesting that the mobile home be assessed as real property.

    2. (b) A mobile home is permanently affixed to land when it is tied down and connected to utilities.
    3. (c) When a mobile home is not classified as real property at the time of the transfer, the sale of the mobile home does not constitute the transfer of an interest in real property even though the land is sold in conjunction with the mobile home.
    4. (d) Where a member of a mobile home park has practical dominion over a designated site, the member’s interest in the site constitutes an interest in real property. Any instrument that transfers a member’s interest is subject to tax.
22. (21) Assignment of Lease or Other Conveyance of Leasehold Interest in Realty: All assignments of leases or other conveyances of leasehold interests in real property are taxable under Section 201.02, F.S., based upon the consideration paid, including leasehold mortgages encumbering the interest conveyed. However, mortgages encumbering the fee title are not consideration, except when assumed by the assignee.
23. (22) Assignment of Beneficial Interest in Trust created under Chapter 689, F.S. Any document which conveys any beneficial interest in a trust is subject to tax, and the tax is to be paid upon execution of the document. The provision in Section 689.071(6), F.S., which defines the interest of a beneficiary under a trust agreement to be personal property only, does not exempt a transfer of the beneficial interest in the trust from tax. Tax is due on any assignment of a beneficial interest in a trust created under Chapter 689, F.S., based on the consideration paid for such assignment.
24. (23) Construction Mortgage: When realty is conveyed subject to a construction mortgage, the deed is subject to tax based upon the unpaid balance of the mortgage debt at the time of conveyance, in addition to any other consideration given.

25. (24) Deeds Between Spouses.

    1. (a) A deed that transfers any interest in Florida real property between spouses is taxable based on the consideration for the property interest transferred. When the property is encumbered, the consideration includes the mortgage balance in proportion to the interest transferred.
    2. (b) No tax is due on a deed that transfers the marital home, or an interest therein, between spouses or former spouses pursuant to an action for dissolution of marriage when the transfer is made at the time of or following divorce. The marital home means the primary residence of the married couple. Tax is due on a deed that transfers the marital home, or an interest therein, between spouses when the transfer is made prior to the final dissolution of the marriage. Tax paid on such deed within one year prior to the final dissolution of the marriage may be refunded. To request a refund, a completed Form DR-26, Application for Refund, must be submitted with proof of payment of the tax, including a copy of the final divorce decree. Proof that the real property was the marital home is also required.
    3. (c) No tax is due on a deed that transfers any interest in homestead property between spouses, when the only consideration for the transfer is the amount of a mortgage or other lien encumbering the homestead property at the time of the transfer. When there is consideration other than a mortgage or other lien encumbering the homestead property, tax is due on the total consideration including any mortgages or liens encumbering the property at the time of the transfer. For the purpose of this paragraph, the term “homestead property” has the same meaning as the term “homestead” as defined in Section 192.001, F.S., and s. 6(a), Art. VII of the State Constitution.

26. (25) Trusts Pursuant to Chapter 689, F.S. A deed to or from a trustee conveying real property is taxable to the extent that the deed transfers the beneficial ownership of the real property and to the extent that there is consideration for the transfer. The following are examples of taxable and exempt conveyances to or from a trustee.

    1. (a) No change in Beneficial Ownership. A deed from X to a trustee is exempt to the extent of X’s beneficial ownership interest as a trust beneficiary, whether or not the real property is encumbered by a mortgage. For example, if X owns encumbered or unencumbered real property and conveys it to the trustee of a trust of which X is the sole beneficiary, the conveyance is exempt.
    2. (b) Change in Beneficial Ownership. If persons other than X are trust beneficiaries, then a deed from X to a trustee is taxable to the extent of the consideration, if any, for the beneficial interest in the real property transferred to such other persons. The tax is based on any cash, note, release, or other consideration from the trust beneficiaries other than X, including their proportionate share of any mortgage encumbering the real property. For example, X owns unencumbered real property valued at $100, and if X conveys the property to the trustee of a trust of which X and Y are each 50% beneficiaries, and Y pays $50 cash for the conveyance to the trustee, tax is due based on a consideration of $50.
    3. (c) Gift in Trust. A deed from X to a trustee is exempt if persons other than X are trust beneficiaries, the transfer is a gift from X to those beneficiaries, and the real property is not encumbered by any mortgage. If the real property is encumbered by any mortgage, tax is based on the other beneficiaries’ proportionate share of the mortgage indebtedness, allocated according to their respective percentage beneficial interest. For example, X owns real property valued at $100 which is encumbered by a mortgage of $50, and X conveys the property to the trustee of a trust of which X and X’s daughter are each 50% beneficiaries. If there is no consideration other than the mortgage, tax is due based on a consideration of $25 (one-half of the mortgage indebtedness).
    4. (d) Successor or Substitute Trustee. A deed from a trustee to a successor or substitute trustee of the same trust is not subject to tax.
    5. (e) Trustee’s Deed to Beneficiary. A deed of real property from a trustee to X is not subject to tax to the extent of X’s beneficial ownership interest as a trust beneficiary immediately before the conveyance, whether or not the real property is encumbered by a mortgage. Except as provided in paragraph (f), the tax applies to the extent that the trustee transfers to X an ownership interest in the real property greater than X’s percentage of beneficial ownership interest as a trust beneficiary immediately before the transfer. The tax is based on the consideration, if any, for the transfer of the additional interest, including the proportionate share of any mortgage indebtedness encumbering the additional percentage interest in the real property transferred to X by the trustee. For example, X and X’s spouse are each beneficiaries of a trust of which X owns 60% interest and X’s spouse owns 40% interest, and the trustee conveys to X real property valued at $100 which is encumbered by a mortgage of $50. If there is no consideration other than the mortgage, tax is due based on a consideration of $20 (40% of the mortgage indebtedness).
    6. (f) Trustee’s Power to Apportion. When trust beneficiaries hold undivided percentage interests in the corpus of the trust rather than specific interests in each parcel of real property held in the trust, and a trust instrument grants the trustee the power to apportion and distribute the various assets of the trust among the beneficiaries, tax is due on the conveyance of real property from the trustee to a beneficiary only to the extent that the value of that real property exceeds the value of the beneficiary’s undivided percentage interest in the trust. For example, a grantor conveys Blackacre and Whiteacre to a trustee for the benefit of the grantor’s two children, X and Y, who each have an undivided 50% interest in the trust. The terms of the trust provide that when both X and Y reach 21 years of age, the trustee will liquidate the trust and distribute the assets of the trust between X and Y as the trustee determines and each beneficiary receives property of approximately equal value. Blackacre and Whiteacre are equal in value when X and Y reach 21, and the trustee conveys Blackacre to X and Whiteacre to Y. Tax is due on the initial conveyance from the grantor to the trustee to the extent of any taxable consideration, such as a mortgage on the property (see paragraph (c)), but no tax is due on the subsequent conveyances from the trustee to X and Y, whether or not a mortgage then encumbers the property.
    7. (g) Trustee’s Deed to Non-Beneficiary. Tax is due on a trustee’s deed of real property to grantees that are not beneficial owners as trust beneficiaries immediately before the conveyance, to the extent of the consideration given, if any, for the interest in the real property transferred to the non-beneficiary grantees. The tax due is based on any cash, note, release, or other consideration from the non-beneficiary grantees, including their proportionate share of any mortgage encumbering the real property. For example, X is the sole beneficiary of a trust and the trustee conveys to X and Y, as 50% tenants-in-common, real property valued at $100 which is encumbered by a mortgage of $60. If Y pays $20 cash for Y’s 50% interest in the property, tax is due based on the consideration of $50 ($20 cash plus 50% of the mortgage indebtedness).

    8. (h) Identity of Parties; Nature of Trust. All conveyances to or from a trustee are equally taxable or exempt as provided in this rule:

       1. Whether the trustee is the same person as grantor, grantee, or beneficiary,

       2. Whether the trustee or grantor or grantee or beneficiary is a natural person or an entity, and,

       3. Whether a recorded instrument confers on the trustee the powers and authority specified in Section 689.073(1), F.S., or declares the interest of the beneficiaries is personal property as specified in Section 689.071(6), F.S.

    9. (i) Revocable Trust. A deed to a trustee from a grantor who has the power to revoke the trust instrument, and a deed back to the grantor from the trustee upon revocation of the trust, are not transfers of ownership subject to tax.

Rulemaking Authority 201.11(1), 213.06(1) FS. Law Implemented 201.01, 201.02 FS. History–New 8-18-73, Formerly 12A-4.13, Amended 12-11-74, 2-21-77, 5-23-77, 12-26-77, 7-3-79, 9-16-79, 11-29-79, 3-27-80, 12-23-80, 12-30-82, Formerly 12B-4.13, Amended 12-5-89, 6-4-90, 2-13-91, 2-16-93, 10-18-94, 12-30-97, 7-28-98, 1-4-01, 5-4-03, 4-5-07, 7-30-13, 12-12-19, 1-25-26.