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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36994
Experience:  Texas Attorney for 30 years dealing in real estate
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I have a domestic partner that quit claim deeded a property

Customer Question

I have a domestic partner that quit claim deeded a property that we were both deeded on. The property was owned by me solely prior to my partner being added and then removed. There was a mortgage balance on the property at the time. The county clerk is now taking me I owe doc stamp taxes. The air claim deed removing my partner was in 2013. Do I have to pay doc stamp fees on a property?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Ray replied 7 months ago.
Hi and welcome to JA. Ray here to help you today. Unfortunately yes here in Florida there is s stamp tax on any transfer of property even a quit claim deed.This is mandated and there is no way around it.You will have to pay the tax.I wish I could tell you otherwise, please don't shoot the messenger. Reference ocumentary stamp tax is levied at the rate of $.70 per $100 (or portion thereof) on documents that transfer interest in Florida real property, such as warranty deeds and quit claim deeds. (The Miami-Dade County rate is $.60 on all documents plus $.45 surtax on documents transferring anything other than a single-family residence). This tax is usually paid to the Clerk of Court when the document is recorded. The Clerks of Court send the money to the Department of Revenue and the Department distributes the funds according to law.A reference sheet is available to help determine the correct amount of documentary stamp tax due on documents that transfer an interest in Florida real property.Documentary stamp tax is also levied at the rate of $.35 per $100 (or portion thereof) on documents that are executed or delivered in Florida, for example:Notes and other written obligations to pay.Certain renewal notes.Bonds (original issuance).Mortgages.Liens.Florida law limits the maximum tax due on notes and other written obligations to $2,450. However, there is no limit on the documentary stamp tax due for mortgages or liens filed or recorded in Florida. Tax is paid to the Clerk of Court if the document is recorded, or sent directly to the Department of Revenue if the document is not recorded. When the partner quit claimed their interest it is considered a transfer under Florida law and requires you to pay the tax.Again please don't shoot the messenger. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 7 months ago.
http://dor.myflorida.com/dor/taxes/doc_stamp.html
Expert:  Ray replied 7 months ago.
Exceptions, see if you fall under one of these 12B-4.014 Conveyances Not Subject to Tax.(1) Security for Debt: The reconveyance of realty conveyed to secure a debt upon payment of such debt is not taxable.(2) No Consideration:(a) A conveyance of unencumbered realty as a gift is not taxable.(b) A deed of conveyance reciting a consideration such as “love and affection and $1”, “desire to promote welfare and $1”, or “$1 and other valuable consideration”, requires at least the minimum tax.(3) To Correct Error: Where a conveyance is made to correct a deficiency in a previous deed on which the tax has been paid, only minimum tax is required. (1933 Op. Att’y. Gen. Fla. 1933-34 Biennial Report, Page 50 (April 7, 1933); Letter from the Att’y. Gen. Fla. to State Comptroller (Dec. 10, 1962))This is the link...https://www.flrules.org/gateway/RuleNo.asp?id=12B-4.014
Expert:  Ray replied 7 months ago.
https://www.flrules.org/gateway/RuleNo.asp?id=12B-4.014

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