The general rules are pretty simple: (1)any instrument that conveys any interest in real property for consideration is subject to Florida's documentary stamp tax; and (2) any obligation to pay money that is secured by Florida real property is subject to Florida's non-recurring intangibles tax. However, you should also be thinking about another, albeit less known, Florida ad valorem property tax, the so-called annual intangible personal property tax, and whether you should consider some tax planning to minimize the tax or even avoid it altogether. iii) NOTES The documentary stamp tax applies to all promissory notes and other written obligations to pay money that are executed, transferred, or assigned in Florida.13 The tax rate on notes and other written obligations is thirtyfive cents ($.35) for each one hundred dollars ($100) of the County recording fees … Florida's Intangible Personal Property Tax (IPPT) Form DR601. Can a promissory note be enforced if it was never recorded? Taxation of Foreign Individuals, Choosing Between an Individual or Corporate Trustee, Florida Irrevocable Trust Amendment Mechanisms, USING RETROACTIVE EFFECTIVE DATES IN AGREEMENTS, CARES ACT COVID MODIFICATIONS - IMPORTANT UPDATE. Since the statutes and laws of a state do not operate beyond its jurisdictional limit, the taxing power of a state is limited to persons, property, and transactions within and subject to … FLORIDA INTANGIBLE TAX a one-time tax of $2 per $1,000 on the value of notes, bonds, or other obligations for payment of money secured by mortgage deeds or other liens on real property (usually paid when the obligation is recorded) Documentary stamp taxes on notes or other promises to pay are payable at the rate of $.35 for every $100 (or fraction) of indebtedness secured by a mortgage on Florida real property. ERISA plans are not exempt and applies to all loans executed in Florida. In Florida we have what is called a "document stamp tax". Since a promissory note is a binding legal agreement, the applicable statute of limitations period would be that provided by Florida law for breach of contract actions. However, collecting on real property for promissory notes is limited by Florida Statute 95.11(2)(b). Georgia’s limit on the intangible mortgage tax is $25,000, but that would involve a mortgage totaling over $8 million. Chapter 201 EXCISE TAX ON DOCUMENTS. Promissory notes are documents that contain the terms of a loan so that there is a legally actionable record of the loan specifics. INTANGIBLE TAX RULES: Current Through 9-18-11 CHAPTER 12C-2 INTANGIBLE PERSONAL PROPERTY TAX (Formerly 12B-2) ... Commercial Paper – includes promissory notes, short term notes issued by corporations; or bearer instruments. However, collecting on real property for promissory notes is limited by Florida Statute 95.11(2)(b). Types of Promissory Notes. Florida law imposes an annual intangible personal property tax on the current fair market value, as of January 1 of each year, of intangible personal property that generally is owned, managed, or controlled by a Florida resident (including individuals and legal entities, such as corporations, limited liability companies, and partnerships). In all Florida counties except Miami-Dade, the tax rate imposed on documents subject to tax is 70 cents on each $100 or portion thereof of the total consideration. However, in a recent 4th DCA case, the appellate court found that this is only the case in regard to enforcing mortgages, evidences of indebtedness, and security agreements that are filed in the public records. There is no cap on the amount of tax due. Subsection (a) imposes the tax on unrecorded promises to pay – Subsection (b) relates to recorded instruments. 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