Don’t Pay Unnecessary Documentary Stamp and Intangible Taxes – Berger Singerman Law Blog

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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.

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Don’t Pay Unnecessary Documentary Stamp and Intangible Taxes – Berger Singerman Law Blog Now, of course, that’s not entirely true – a lot of good information was conveyed and I did learn things I didn’t know before. However, it did leave me keenly aware that Florida’s documentary stamp tax and intangibles tax are confusing even to the experts who study them closely.

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Don’t Pay Unnecessary Documentary Stamp and Intangible Taxes – berger singerman law blog raising the Failure to Pay Taxes as a Defense According to the decision in Nikooie , Section 201.08 is a statutory limitation on the enforceability of a promissory note, mortgage or other such instrument, and as such, the failure of a party to pay the.

Whether an assumption of mortgage agreement between the mortgagor and his grantee is subject to the documentary stamp tax has been the subject of prior opinions of this office. In AGO 062-157, it was concluded that no tax was due on the assumption agreement when the original obligor (mortgagor) is not released therefrom.