By: Edward L. Kelly While failure to pay Florida’s documentary stamp taxes on a promissory note or mortgage can subject the offender to criminal and financial sanctions, the state’s courts of appeal are split when it comes to determining whether Florida law permits enforcement of a note or mortgage when those taxes remain unpaid.
As Victor Diaz explained in his March 2012 article titled "Best Practices: Florida Documentary Stamp and Nonrecurring Intangible Tax in Real Estate Secured Loans – Tread with Care," real estate secured transactions in Florida generally require the imposition of two types of taxes.The first is an excise tax imposed on written obligations to pay money, like promissory notes (the "documentary.
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Because Florida does not impose a state income tax on individuals, the imposition of documentary stamp and non-recurring intangible personal property taxes on Florida real estate loan transactions is one way that the State provides for additional revenue. Some real estate loan transactions, however, can be structured in a way that results in a.
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