Documentary Stamp Tax Involving Florida Land Trusts

Documentary stamp taxes are generally not due when a property is deeded to a trust in which the grantor is the beneficiary. Fla.Admin.Code 12B-4.013(28) provides in pertinent part:

                       (28) A deed to or from a trustee conveying real property is taxable to the extent that the deed transfers the beneficial ownership of the real property and to the extent that there is consideration for the transfer. The following are examples of taxable and exempt conveyances to or from a trustee.

(a) No change in Beneficial Ownership: A deed from X to a trustee is exempt from the stamp tax to the extent of X’s beneficial ownership interest as a trust beneficiary, whether or not the real property is encumbered by a mortgage. For example, if X owns encumbered or unencumbered real property and conveys it to the trustee of a trust of which X is the sole beneficiary, the conveyance is exempt from the stamp tax.


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