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The party responsible for payment of the documentary stamp tax on a sale is usually determined by the terms of the purchase agreement. However, because the seller is required to provide marketable title to the property, the seller usually pays these taxes.
The tax is paid by the person making, signing, issuing, accepting or transferring the documents. However, whenever one party to the taxable document enjoys exemption from the tax, the other party thereto who is not exempt shall be the one directly liable for the tax.
The BUYER pays for the cost of Registration: Documentary Stamp Tax - 1.5% of the selling price or zonal value or fair market value, which ever is higher.
The tax is paid by the person making, signing, issuing, accepting or transferring the documents. However, whenever one party to the taxable document enjoys exemption from the tax, the other party thereto who is not exempt shall be the one directly liable for the tax.
There are some jurisdictions that dictate who pays the tax, but for the most part, there is no mandate and it's up to the buyer and seller to negotiate who makes the payment. In Florida, the seller traditionally pays the transfer tax or documentary stamp.
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Government agencies, county properties, some municipalities, and most state agencies do not have to pay Florida documentary stamp tax when a property is transferred from one owner to the other. This is similar to exemptions in other states throughout the US.
Documentary Stamp Tax at $. 70 per $100, rounded up, based on the total purchase price. (Example: $50,051 rounds to $50,100 multiplied by 0.007, equals $350.70) Documentary Stamp Tax at $. 35 per $100, rounded up, based on the amount financed.
Documentary stamp tax is payable by any of the parties to a taxable transaction. If one party is exempt, the tax is required of the nonexempt party. United States government agencies; Florida government agencies; and Florida's counties, municipalities, and political subdivisions are exempt from documentary stamp tax.
The rate of tax is 35 cents per $100 or portion thereof of the amount secured thereby. There is no cap on the amount of tax due. All parties to the document are liable for the tax regardless of who agrees to pay the tax. If one party is exempt, the tax must be paid by a non-exempt party.
The party responsible for payment of the documentary stamp tax on a sale is usually determined by the terms of the purchase agreement. However, because the seller is required to provide marketable title to the property, the seller usually pays these taxes.

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