Tuesday, February 10, 2009

SECTION 1031 EXCHANGES AND DOCUMENTARY STAMP TAXES [FLORIDA]

Florida imposes documentary stamp taxes on deeds that transfer real property. In Section 1031 like-kind exchanges, an exchanged document will often be deeded twice – first to an exchange accomodator titleholder (EAT), and then from the EAT to the ultimate purchaser. Does this mean documentary stamp taxes are imposed twice?

No, not according the Florida Department of Revenue. While the Florida Administrative Code has no provisions directly on point, the Department has indicated that no documentary stamp taxes are due when an exchangor transfers his real property to the EAT, as this is as a transfer between agent and principal which is exempt under FAC Rule 12B-4.014(5).

TAA 08(B)4-007

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