Promissory notes are a long-standing and accepted way of acknowledging and memorializing a loan obligation. §201.08, Fla. Stat. Documentary stamp tax is collected in an amount equal to 35 cents per $100.00 of the amount financed. Again, intangible tax will be due at the at the rate of 2 mills on each dollar of the just valuation of the note or other obligation for the payment of money which are secured by a mortgage upon real property situated in the state of Florida. The tax is imposed at the rate of 35 cents per $100 of face value, although obligations that are not secured by real property are now [thankfully] subject to a $2,450 cap in the tax. 5, RR No. If the mortgage limits recoverability to an amount less than the face amount of the note, then documentary stamp tax is due on the limitation of the mortgage (or the cap of $2,450.00 if the loan amount is $700,000.00 or more and the mortgage is limited to less than that amount). b. Note: Healthcare powers of attorney require that the two witnesses not be related to the person giving the power. A Florida promissory note needs specific documentary stamps for tax purposes. } 4. Based on the foregoing authority, it is my opinion that no documentary stamp tax is due under s. 201.08, F. S., on the promissory notes described under the first factual situation above. Oddly, though, a common stumbling block to the enforcement of promissory notes … 1836 (28) Note Executed and Delivered: All notes or written obligations to pay money delivered to the lender, such as master notes and notes drawn in connection with a line of credit, letter of credit, bail bond, or otherwise, executed in Florida or approved and accepted in Florida, are subject to Florida documentary stamp tax. Promissory Notes And Florida’s Documentary Stamp Tax: The Failure To Pay Can Delay Enforcement. Florida law imposes documentary stamp taxes on promissory notes executed in the state of Florida. Litigators and transactional counsel alike should be aware that there is uncertainty in Florida courts as to what it takes to enforce a promissory note in court. Banks and private parties use them regularly and the law that has grown up around them is well-developed. Renewal loans, though, are considered to be exempt from tax provided certain rules are followed. §199.133, Fla. Stat. The tax is imposed at the rate of 35 cents per $100 of face value, although obligations that are not secured by real property are now [thankfully] subject to a $2,450 cap in the tax. $.cookie(cname, cvalue, {path: '/', expires: date}); Home; Order Services. In Florida, these taxes are most commonly levied on real estate transfer documents, mortgages, and other promissory notes. Promissory Notes And Florida’s Documentary Stamp Tax: The Failure To Pay Can Delay Enforcement Promissory notes are a long-standing and accepted way of acknowledging and memorializing a loan obligation. The state legislature, which is always keen to scrounge up a few dollars for the state coffers, imposes a documentary stamp tax on the face value of any promissory note given for the purchase of real property. date.setTime(date.getTime() + (minutes * 60 * 1000 * 24 * 30)); Banks and private parties use them regularly and the law that has grown up around them is … Calculators. The “documentary stamp tax” is an excise tax imposed on obligations to pay money. – Southeastern Small Business Lenders Conference 2021. $('body').removeClass('cookie_visible'); Deeds and other documents that transfer an interest in real property are taxed at a rate of 70 cents per $100, or any fraction thereof, of taxable consideration. Additionally, … THIS CONSOLIDATED, AMENDED AND RESTATED PROMISSORY NOTE (the “ Note ”) is made and entered into as of the 12 th day of August, 2011, by and between MARINA TOWERS, LLC, a Florida … $(document).ready(function(){$('body').addClass('cookie_visible');}); In this situation, both documentary stamp tax and intangible tax will be due upon recording of the mortgage in Florida securing the indebtedness and the amount of the tax due and payable will be determined by a ratio obtained by comparing the value of the Florida real property collateral to the value of all of the collateral of the loan. §201.08, Fla. Stat. $(document).ready(function () { Florida’s Constitution prohibits a state income tax and would be very difficult to amend. This must be paid to the Florida Department of Revenue. Common examples of documents subject to the stamp tax are deeds, promissory notes and mortgages. When a mortgage secures a note, the documentary stamp tax must be paid on the mortgage, with a notation made on the note … | Privacy Notice | Florida Bar Disclaimer. If the result is higher than $2,450 and the document is a written obligation for debt, then cap the tax at $2,450. The promissory note should be signed by the borrower and two witnesses. We are proud to have so many clients share their experience with Starfield and Smith. You can do this by going to the Department of Revenue’s local office with your note and paying th… You can learn more about the nuts and bolts of paying the tax here, but the bottom line is that if you want to enforce a promissory note in Florida you will need to have these taxes paid. Documentary stamp tax is collected in an amount equal to 35 cents per $100.00 of the amount financed. The same tax rate applies to mortgages and other evidences of indebtedness recorded in the state. New York, New York . 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