What are documentary stamp taxes? We don’t have those in my state.

Florida Documentary Stamp Tax is due on transfers of real property from a trustee on behalf of a trust or to a trustee on behalf of a trust.  The important distinction in these transfers is whether any change in the beneficial ownership of the real property has occurred.  The most common trust vehicle present today for estate planning purposes is the revocable living trust.  By its nature, it is revocable by the grantor during their lifetime.  As a result, the grantor retains a beneficial ownership interest in the assets of the trust.  This means that any real property assets transferred to or from the revocable trust, during the grantor’s lifetime, are not subject to Florida Documentary Stamp Taxes, so long as there is no consideration for the transfer.

Leave a Reply

Your email address will not be published. Required fields are marked *