Florida Regulations 12B-4.002: Liability for Tax
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(1)(a) Liability in general – Except as otherwise provided in subsections (2) and (3) of this rule, the tax is payable by any of the parties to a taxable transaction. The parties to the transaction may agree among themselves as to who shall pay the tax, but such agreements do not relieve the others from their liability in the event the agreement is not followed.
(b) Taxability of Instrument – The taxability of an instrument, as well as amount of the tax, is determined by form and face of the instrument and cannot be affected by proof of extrinsic facts. (Lee v. Kenan, 78 F.2d 425 (5th Cir. 1935); 100 ALR 869)
(c) Cooperative Apartment – Only the purchaser is liable for the payment of the tax.
(2) United States, Its Agencies or Instrumentalities
(a) Transactions between non-exempt parties and the United States, its agencies or instrumentalities are taxable unless such transactions are evidenced by documents which have been exempted by Congress.
(b) Mortgages and notes executed by non-exempt parties to instrumentalities of the federal government, which include, but are not limited to the following agencies are subject to the tax:
Administrator of Veterans Affairs;
Central Bank for Cooperatives;
Columbia Bank for Cooperatives;
Farmers Home Corporation;
Federal Housing Commissioner;
Federal Intermediate Credit Bank;
Federal Production Credit Association;
Federal Savings and Loan Associations;
Production Credit Corporation;
Production Credit Corporation of Columbia;
Rural Electrification Administration;
Small Business Administration.
(c) Mortgages and notes between non-exempt parties and agencies or instrumentalities of the federal government, including, but not limited to, the following agencies are exempt by Congress and, therefore, are not taxable: (However, an instrument which is guaranteed or insured by one of the following agencies or instrumentalities is subject to tax.)
1. Agricultural Credit Association;
2. Farmers Home Administration; also includes deeds to the Farmers Home Administration (Name changed to: Rural Development/Rural Housing Services);
3. Federal National Mortgage Association (FNMA);
4. Government National Mortgage Association (GNMA);
5. Neighborhood Reinvestment Corporation;
6. Reconstruction Finance Corporation.
(3) State, Counties, and Municipalities.
(a) The state, county, municipality, or any political subdivision thereof is not liable for the tax with respect to a document transferring any interest in realty to which it is a party. However, the transaction is not exempt from tax, and the non-exempt party to the transaction is liable for the tax. The affixing of stamp tax to an instrument by the state, county, municipality, or a political subdivision thereof does not constitute payment of the tax, and the non-exempt party remains liable for the tax in such case.
Cross Reference – subsection 12B-4.014(13), F.A.C.
(b) Written obligations to pay money issued by the state, counties, municipalities or any political subdivision of the state are exempt.
Cross Reference – subsection 12B-4.054(24), F.A.C.
(4) Instruments Between Governmental Agencies:
(a) Instruments between federal or state governments or their instrumentalities, all being governmental agencies, are exempt from tax.
Cross Reference – subsection 12B-4.014(10), F.A.C.
(b) A conveyance by a master in chancery, sheriff or clerk of circuit court for realty sold under foreclosure, execution or court judgment to an agent of the federal government who is the mortgagee is not taxable unless there are excess funds received from the sale from which the tax may be paid.
Cross Reference – subsection 12B-4.013(3), F.A.C.
Rulemaking Authority Florida Statutes § 201.11(1), 213.06(1) FS. Law Implemented 201.01, 201.02, 201.08, 201.24 FS. History-New 8-18-73, Formerly 12A-4.02, Amended 3-13-79, 11-29-79, 12-3-81, Formerly 12B-4.02, Amended 12-5-89, 2-13-91, 12-30-97.
Terms Used In Florida Regulations 12B-4.002
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
(c) Cooperative Apartment – Only the purchaser is liable for the payment of the tax.
(2) United States, Its Agencies or Instrumentalities
(a) Transactions between non-exempt parties and the United States, its agencies or instrumentalities are taxable unless such transactions are evidenced by documents which have been exempted by Congress.
(b) Mortgages and notes executed by non-exempt parties to instrumentalities of the federal government, which include, but are not limited to the following agencies are subject to the tax:
Administrator of Veterans Affairs;
Central Bank for Cooperatives;
Columbia Bank for Cooperatives;
Farmers Home Corporation;
Federal Housing Commissioner;
Federal Intermediate Credit Bank;
Federal Production Credit Association;
Federal Savings and Loan Associations;
Production Credit Corporation;
Production Credit Corporation of Columbia;
Rural Electrification Administration;
Small Business Administration.
(c) Mortgages and notes between non-exempt parties and agencies or instrumentalities of the federal government, including, but not limited to, the following agencies are exempt by Congress and, therefore, are not taxable: (However, an instrument which is guaranteed or insured by one of the following agencies or instrumentalities is subject to tax.)
1. Agricultural Credit Association;
2. Farmers Home Administration; also includes deeds to the Farmers Home Administration (Name changed to: Rural Development/Rural Housing Services);
3. Federal National Mortgage Association (FNMA);
4. Government National Mortgage Association (GNMA);
5. Neighborhood Reinvestment Corporation;
6. Reconstruction Finance Corporation.
(3) State, Counties, and Municipalities.
(a) The state, county, municipality, or any political subdivision thereof is not liable for the tax with respect to a document transferring any interest in realty to which it is a party. However, the transaction is not exempt from tax, and the non-exempt party to the transaction is liable for the tax. The affixing of stamp tax to an instrument by the state, county, municipality, or a political subdivision thereof does not constitute payment of the tax, and the non-exempt party remains liable for the tax in such case.
Cross Reference – subsection 12B-4.014(13), F.A.C.
(b) Written obligations to pay money issued by the state, counties, municipalities or any political subdivision of the state are exempt.
Cross Reference – subsection 12B-4.054(24), F.A.C.
(4) Instruments Between Governmental Agencies:
(a) Instruments between federal or state governments or their instrumentalities, all being governmental agencies, are exempt from tax.
Cross Reference – subsection 12B-4.014(10), F.A.C.
(b) A conveyance by a master in chancery, sheriff or clerk of circuit court for realty sold under foreclosure, execution or court judgment to an agent of the federal government who is the mortgagee is not taxable unless there are excess funds received from the sale from which the tax may be paid.
Cross Reference – subsection 12B-4.013(3), F.A.C.
Rulemaking Authority Florida Statutes § 201.11(1), 213.06(1) FS. Law Implemented 201.01, 201.02, 201.08, 201.24 FS. History-New 8-18-73, Formerly 12A-4.02, Amended 3-13-79, 11-29-79, 12-3-81, Formerly 12B-4.02, Amended 12-5-89, 2-13-91, 12-30-97.