How is the documentary stamp tax on a promissory note entered on the closing disclosure

SELLER Costs

(for residential contracts)

SELLER EXPENSES

 

BUYER EXPENSES

BUYER  Costs

(for residential contracts)

Real Estate Commission

Seller

 

Buyer

Survey  (if required by Lender)

Seller’s unpaid Mortgage (if any)

Seller

 

Buyer

Elevation Certificate (if required by Lender)

Seller’s unpaid Judgment Liens (if any)

Seller

 

Buyer

Appraisal Fees (if required by Lender)

Seller’s unpaid Municipal Liens (if any)

Seller

 

Buyer

Loan Fees (if required by Lender)

Seller’s HOA/Condo Ass’n Liens (if any)

Seller

 

Buyer

HOA/Condo Application fees to the Ass’n (if any)

Seller’s unpaid HOA/Condo dues (if any)

Seller

 

Buyer

HOA/Condo Transfer Fees to the Ass’n (if any)

Seller’s unpaid property taxes (if any)

Seller

 

Buyer

Buyer’s Property Inspections (if any)

Seller’s unpaid utilities (if any)

Seller

 

Buyer**

Recording Fees on Deed, UCC-1, Note, Mortgage

HOA/Condo Estoppel Fee to the Ass’n (if any)

Seller

 

Buyer***

Intangible Tax on Buyer’s new Mortgage

Documentary stamp tax + Surtax on the Deed (this is not a recording fee)*

Seller*

 

Buyer****

Documentary stamp tax on Buyer’s new Mortgage (this is not a recording fee)

Title search(if SELLER’S Box is Checked   or theMiami-Dade/Broward Regional Provision is Checked per Article 9)

Seller

 

Buyer*****

Documentary stamp tax on Buyer’s new Promissory note (this is not a recording fee)

Municipal Lien search (if SELLER’S Box is Checked or the Miami-Dade/Broward Regional Provision is Checked per Article 9)

Seller

 

Buyer

Title search(if BUYER’S Box is Checked per Article 9)

Owner’s Title Policy(if SELLER’s Box is Checked per Article 9)

Seller

 

Buyer

Municipal Lien search(if BUYER’S Box is Checked per Article 9)

Seller concessions e.g. paying for all or a portion of the title insurance, costs of appraisal, property repairs, home warranty, decorating allowance, moving allowance.

Seller

 

Buyer

Owner’s Title Policy (if BUYER’S Box is Checked or if the Miami-Dade/Broward Regional Provision is Checked per Article 9)

Seller’s Settlement Fee

Seller

 

Buyer

Lender’s Title Policy

     

Buyer

Buyer’s Settlement Fee

* Documentary stamp tax on Deeds (Seller Expense) (this is not a recording fee).  In all Florida counties except Miami-Dade, the tax rate imposed on Deeds (e.g., warranty, special warranty, quit claim, trustee’s deed, life estate deed, and even transfers of property between spouses) are  subject to tax is $0.70 on each $100.00 or portion thereof of the total consideration.  But in Miami-Dade County the tax rate is $0.60 cents on each $100 or portion thereof. Miami-Dade County also has a surtax of $0.45 cents on each $100 or portion thereof however single-family dwellings are exempt from the surtax.  For example, a Broward County property that sells for $180,000 would = $1,260.00 in documentary stamp taxes (1800 is the number of taxable units representing each $100 or portion thereof of the consideration of $180,000 multiplied by (x) $0.70 = $1,260.00).  See, Fla. Stat. §201.02(1)(a), §201.031

** Recording Fee (Buyer Expense) $10.00 for the First (1st) Page plus $8.50 for each additional page.  See, Fla. Stat. §28.24(12)(a,b,d,e), §24.222(3)(a).

*** Intangible tax (Buyer Expense) of $0.002 per one dollar $1.00 of notes secured by a mortgage.  For example on $180,000.00 the intangible tax = $360.00. See, Fla. Stat. §199.133.

**** Documentary stamp tax on Mortgages (Buyer Expense), are taxed based on the full amount of the indebtedness regardless of whether it is contingent or absolute, at the rate of tax is $0.35 cents per $100 or portion thereof. There is no cap on the amount of tax due.  See, Fla. Stat. §201.08(1)(b)

***** Documentary stamp tax on Promissory notes (Buyer Expense) are taxed at the rate of $0.35 cents per $100 or portion thereof; which is capped at $2,450. See, Fla. Stat. §201.08(1)(a)

Who pays documentary stamp tax in Florida buyer or seller?

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.

Which item is entered on the closing disclosure as a credit to the seller and as a debit to the buyer?

The purchase price is a double-entry item that appears as a credit on the seller's statement and a debit on the buyer's statement.

What is a single entry item on a closing statement?

the consummation of a real estate contract. also called closing. single-entry. an item that appears as a debit or credit on either the buyer's or seller's closing statement, but. accrued items.

What is the proration and how is it entered on the closing disclosure?

Prorations are credits between the buyer and seller at closing. They ensure that each party is only paying these costs for the time that they owned the home. They will show up as debits or credits on each party's closing statement.

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