Florida documentary stamp tax for a Canadian buyer: the 0.70 percent deed transfer tax (or 0.60 percent in Miami-Dade single-family), the 0.35 percent mortgage tax, and how it compares to ten provincial land transfer taxes

The deed doc stamp tax under Florida Statutes § 201.02

The Florida documentary stamp tax on deeds is imposed by Florida Statutes § 201.02 at a rate of "70 cents on each $100 or fractional part thereof of the consideration paid", expressed as a decimal, 0.70 percent of the consideration. The tax applies to "deeds, instruments, or writings whereby any lands, tenements, or other realty, or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed." In practice, this includes nearly every transfer of Florida real estate by sale, gift, or other consideration.

The consideration on which the tax is calculated is the "actual price paid or to be paid" plus any mortgage or other obligation that the buyer assumes. Cash sales use the contract price; mortgage-assumption transactions use the contract price plus assumed mortgage; gift transfers may be taxed on the property's fair market value if no monetary consideration changes hands (subject to specific exemptions for certain family transfers).

The tax is collected by the county clerk at the time of recording the deed. The clerk affixes "documentary stamps" (digital evidence rather than physical stamps since 1990) to the deed and forwards the tax to the Florida Department of Revenue. The deed cannot be recorded without the tax being paid; the recording of the deed in the public record is what perfects the title transfer, so the tax is functionally a precondition of the transaction's completion.

The FAR/BAR contract's default allocation places this tax on the seller in all Florida counties except Miami-Dade. The contract addendum may modify this allocation; in theory the parties can negotiate any split, in practice the FAR/BAR default applies in roughly 80-90 percent of Florida transactions.

Verified fact The Florida documentary stamp tax on deeds is imposed at 0.70 percent of the consideration under Florida Statutes § 201.02. The tax applies to "deeds, instruments, or writings whereby any lands, tenements, or other realty, or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed." Source: Florida Statutes § 201.02.

The Miami-Dade exception and the discretionary surtax

Miami-Dade County operates under a different documentary stamp tax structure than the rest of Florida. The structure is the result of historical legislative compromise and produces a more complex tax on Miami-Dade real estate transactions.

The base tax in Miami-Dade is 0.60 percent on single-family residential transfers, instead of 0.70 percent. This is provided by Florida Statutes § 201.031 (the "Discretionary Surtax on Documents" statute), which permits certain counties to substitute a reduced base rate.

The 0.45 percent surtax in Miami-Dade is imposed by the same § 201.031 on all transfers of "any document, other than a deed conveying a single-family residence." The surtax applies to:

• Condominium transfers (not "single-family")
• Townhouse transfers (not "single-family")
• Cooperatively-owned residences (not "single-family")
• Commercial and mixed-use transfers
• Land transfers

The "single-family residence" exception is narrow: a stand-alone, single-unit residential structure on its own lot, not in a condominium or other multi-unit ownership form. A traditional Coral Gables single-family home transfer is taxed at 0.60 percent. A Bal Harbour Towers condominium transfer in the same county is taxed at 0.60 percent base + 0.45 percent surtax = 1.05 percent combined.

The buyer-side custom in Miami-Dade is the inverse of the rest of Florida: the buyer typically pays the doc stamps on the deed, while the seller pays in other counties. The FAR/BAR Miami-Dade-specific addendum reflects this custom. The buyer who purchases a USD 500,000 condominium in Miami-Dade therefore typically pays USD 5,250 in combined doc stamps and surtax (0.60% + 0.45% = 1.05% × 500,000).

The practical implication for a Canadian buyer is that the closing cost variance between Miami-Dade and other counties is roughly USD 5,000 to USD 7,000 on a USD 500,000 condominium, a material difference that should be modelled in the offer analysis.

The mortgage doc stamp tax under Florida Statutes § 201.08

Separate from the deed doc stamps, Florida imposes a documentary stamp tax on the mortgage instrument at 0.35 percent under Florida Statutes § 201.08. The tax applies to "promissory notes and other written obligations to pay money" that are secured by Florida real property.

On a USD 350,000 mortgage, the tax is USD 1,225. The tax is paid by the borrower (the buyer in a purchase transaction) and is non-negotiable in the FAR/BAR contract. The lender collects the tax at closing as part of the cash-to-closing total and remits it to the county clerk.

The tax applies to every new mortgage including refinances, with limited exemptions:

• Transfers of property between spouses incident to divorce
• Certain corporate restructurings where the underlying property does not change ownership
• Transfers from a wholly-owned subsidiary to the parent corporation

For a typical Canadian buyer financing a purchase, none of these exemptions apply. The 0.35 percent rate is a fixed cost of borrowing.

A separate, related tax, the nonrecurring intangible tax on the mortgage under Florida Statutes § 199.133, adds another 0.20 percent on top of the mortgage doc stamps. This is the source of common confusion in cost calculators: the "mortgage tax" colloquially can mean either doc stamps (0.35%) or intangible (0.20%) or the combined 0.55%. The two are separate taxes with separate statutes. Detailed mechanics in Intangible tax on the mortgage.

The negotiable allocation under FAR/BAR

The Florida documentary stamp tax allocation between buyer and seller is, by default, fixed by FAR/BAR and county custom. The contract permits modification: the parties can negotiate any allocation they prefer in the addendum to the FAR/BAR contract, subject to the requirement that the tax be paid before recording.

Common negotiated allocations:

1. Buyer pays everything. Sometimes used in buyer-strong markets where the buyer offers to absorb closing costs to secure a deal. On a USD 500,000 purchase, the buyer's additional cost is USD 3,500 (deed doc stamps outside Miami-Dade) + USD 2,575 (owner's title insurance) = USD 6,075 above the default allocation. Not commonly used.

2. Seller pays everything. Sometimes used in seller-strong markets where the seller absorbs costs to encourage offers. Less common in 2026 with cooler markets.

3. 50/50 split. Sometimes negotiated when the parties are at impasse on price. Equal sharing of the deed doc stamps and owner's title.

4. Seller pays deed doc stamps and owner's title insurance, buyer pays everything else. The FAR/BAR default for most counties outside Miami-Dade.

5. Buyer pays deed doc stamps + surtax + owner's title. The FAR/BAR default for Miami-Dade.

The negotiation is documented in the FAR/BAR addendum (the addendum is part of the standard contract template; it just must be filled in). Each line item is itemized: deed doc stamps, mortgage doc stamps, intangible tax, owner's title, lender's title, settlement fee, recording, etc.

Verified fact The FAR/BAR contract is jointly drafted by Florida Realtors and the Florida Bar. The default closing-cost allocations are specified in Section 6 of the standard contract template, with addendum modifications available for negotiated adjustments. Source: FAR/BAR Florida Standard Residential Contract.

The tax on assumption: when buyer takes over an existing mortgage

A Florida real estate transaction sometimes involves the buyer assuming an existing mortgage rather than taking out new financing. In this case, the tax mechanics differ slightly.

The deed doc stamps are calculated on the total consideration: the buyer's cash payment plus the assumed mortgage balance. If a USD 500,000 property is sold where the buyer pays USD 200,000 cash and assumes a USD 300,000 existing mortgage, the doc stamps base is USD 500,000 (the total consideration), producing USD 3,500 of deed doc stamps.

The mortgage doc stamps are not re-imposed on the assumption. The Florida tax is collected at the original recording of the mortgage; assumption does not trigger a second imposition. This represents one of the rare savings of assumption over new mortgage financing in Florida.

The intangible tax is similarly not re-imposed on assumption.

For a Canadian buyer considering assumption, the comparison to new financing is: assumption avoids USD 1,225 in mortgage doc stamps and USD 700 in intangible tax on a USD 350,000 loan (total USD 1,925). The trade-off is that the assumption requires the existing lender's consent, which Canadian buyers without US credit history may not be able to obtain.

The Canadian provincial comparison: ten provinces

The Canadian provincial equivalents to Florida doc stamps vary sharply across the country. The table below shows the typical residential transfer tax on a CAD-equivalent USD 500,000 (approximately CAD 690,000) purchase in each province.

The pattern is consistent. Florida documentary stamp tax (when paid by buyer in Miami-Dade or as part of negotiated allocation) is in the middle of the North American residential transfer tax landscape. It is HIGHER than Alberta, SK, NL; SIMILAR to NB, PEI, Ontario outside Toronto; LOWER than Toronto with MLTT, Vancouver with FBT, Quebec in Montreal.

Worked example: USD 500,000 condo in Broward vs Miami-Dade vs Ontario LTT comparison

A Canadian buyer compares the closing-cost stack for a USD 500,000 condominium purchase in three locations.

Broward County (Florida, outside Miami-Dade): - Deed doc stamps (seller pays per FAR/BAR default): USD 0 to buyer (seller absorbs USD 3,500) - Mortgage doc stamps (USD 350k loan, 0.35%): USD 1,225 buyer - Intangible tax (0.20%): USD 700 buyer - Total buyer transfer tax: USD 1,925

Miami-Dade County (Florida, condominium): - Deed doc stamps + surtax (1.05% = 0.60% + 0.45% surtax on non-single-family): USD 5,250 buyer - Mortgage doc stamps (0.35%): USD 1,225 buyer - Intangible tax (0.20%): USD 700 buyer - Total buyer transfer tax: USD 7,175

Toronto, Ontario (CAD-equivalent CAD 690,000 condo): - Ontario LTT (progressive): CAD 11,475 (USD 8,300) - Toronto MLTT (progressive, same as Ontario): CAD 11,475 (USD 8,300) - Total buyer transfer tax: CAD 22,950 (USD 16,600)

The Canadian buyer's existing experience with Toronto closing costs (USD 16,600 buyer transfer tax) is a useful anchor: Florida outside Miami-Dade is dramatically lower (USD 1,925) than Toronto, while Miami-Dade is about 43 percent of Toronto's transfer tax level.

For a Quebec buyer who has previously purchased in Montreal, the comparison runs differently: Quebec welcome tax on a CAD 690,000 property is approximately CAD 9,250 (USD 6,700), so Miami-Dade Florida (USD 7,175) is similar to Montreal, and non-Miami-Dade Florida (USD 1,925) is dramatically lower.

Common mistakes Canadian buyers make on Florida doc stamps

Underestimating the Miami-Dade differential. A Canadian who has purchased a Florida property outside Miami-Dade and now considers a Miami-Dade purchase often does not realize the buyer typically pays the deed doc stamps + surtax in Miami-Dade. The USD 5,000-7,000 differential is a real budget item.

Confusing doc stamps with intangible tax. Two separate taxes. Doc stamps on mortgage = 0.35%. Intangible tax = 0.20%. Combined = 0.55% on the mortgage. Common cost calculators show only one; check both.

Negotiating closing-cost allocations without understanding default. A Canadian who agrees to "pay all closing costs" without understanding that seller normally pays deed doc stamps outside Miami-Dade accepts USD 3,500-4,000 of additional burden.

Forgetting the surtax on condominiums. The 0.45% Miami-Dade surtax applies to all transfers other than "single-family residence", which includes condominiums and townhouses. A buyer expecting 0.60% on a Miami-Dade condominium will find the actual tax is 1.05%.

Believing doc stamps are negotiable in amount. They are not. The 0.70% (or 0.60% Miami-Dade) is fixed by Florida statute. Only the allocation between buyer and seller is negotiable.

Forgetting refinance triggers doc stamps. A refinance creates a new mortgage; the doc stamps and intangible tax are owed on the new mortgage amount. Some Canadians who refinance during their hold horizon are surprised.

Treating doc stamps as the only closing-cost line. Doc stamps are large but not the only item. Owner's title insurance, lender fees, inspections, and prepaid items add another USD 8,000-15,000 to the buyer's closing-cost stack.

Canada ↔ Florida comparison across ten provinces — detailed

(Detailed comparison in Section 06 table above. The provincial dimension is the central characteristic of this article since the comparison is intrinsically provincial.)

Preparation checklist

1. Confirm the property's county (Miami-Dade vs other Florida county) and the corresponding doc stamps rate and allocation.
2. Identify the property type (single-family residence vs condominium vs other) for the Miami-Dade surtax application.
3. Model the doc stamps on both the deed (0.70% or 0.60% + 0.45% surtax) and the mortgage (0.35%).
4. Confirm the FAR/BAR addendum allocation; verify it matches the buyer's understanding before signing.
5. Engage a Florida-licensed real estate attorney to verify the allocation in the contract and the recording-time payment.
6. Verify the property's prior recording history (if available) to confirm proper prior doc stamps were paid.
7. Confirm the lender's involvement in mortgage doc stamps collection (lender typically collects and remits, not buyer directly).
8. Plan for the cash-to-closing wire timing to ensure doc stamps are funded before the recording deadline.
9. Plan for the CA-side provincial comparison: a buyer from Toronto may find the Florida tax dramatically lower than expected; a buyer from Edmonton may find it higher.
10. Verify any potential exemptions for the specific transaction (very narrow set; most snowbird purchases have no exemption).

FAQ

Why does Miami-Dade have a different rate?

Florida Statutes § 201.031 permits Miami-Dade to substitute a reduced base rate plus a surtax. The legislative history reflects historical compromise between the county and state on revenue allocation.

Are the doc stamps tax-deductible for US tax purposes?

For investment property, doc stamps are added to the property's cost basis and recovered through depreciation or at sale. They are not currently deductible as expenses.

Are the doc stamps tax-deductible for Canadian tax purposes?

Similar treatment. The doc stamps are added to the property's cost amount and recovered when the property is sold.

Can I claim a refund if I overpay?

Yes, but the process is administrative and takes 6-12 months. The county clerk processes refund applications.

Do I owe doc stamps on a gift transfer?

Yes, generally, calculated on the fair market value of the gifted property. Specific exemptions exist for certain family transfers.

Do I owe doc stamps when I assume an existing mortgage?

Yes on the deed (consideration includes assumed mortgage), no on the mortgage (the original recording already triggered the tax).

Does the doc stamps tax apply to a corporate or LLC purchase?

Yes. The entity is the buyer for purposes of the tax; the rates and rules apply identically.

What if my contract assigns doc stamps differently than the FAR/BAR default?

The contract's allocation controls. The county clerk does not enforce the FAR/BAR default; it requires only that the tax be paid before recording. The parties allocate as they negotiate.