Fla. Stat. § 201.02

Section 201.02 does not require documentary stamps on a corporation’s book transfer of land to its shareholders when they are not purchasers and pay no reasonably determinable consideration; the land’s market value cannot serve as the tax base.

State Ex Rel. Palmer-Florida Corporation v. Green · filed 1956-06-20

It is accordingly our view that mandamus was the proper remedy, that respondent has made no showing of injury to his position or that of the public by the lapse of time, so there is no support for the claim of laches, that the deed in question did not require documentary stamps because the grantees were not "purchasers," and did not pay a "reasonably determinable," "consideration" for the conveyance as contemplated by Sec. 201.02, Florida Statutes, F.S.A. We find no legal support for the theory that the documentary stamp tax should be measured by the market value of the land transferred. It was a mere book transaction and was in no sense a sale to a "purchaser" as contemplated by Sec. 201.02, Florida Statutes, F.S.A.

Section 201.02 does not tax a deed from an agent to its principal when no consideration changes hands and the principal already bears the mortgage payment burden.

American Foam Indus., Inc. v. STATE, DEPT., ETC. · filed 1977-03-22

It is apparent that no consideration moved from the corporation to the individual for the transfer and, therefore, under two provisions of the rules [2] of the respondent, i.e., no consideration plus a transfer from agent to principal, this was an exempt transaction and the case should be governed by the principles enunciated in River Park Joint Venture 315076 v. Dickinson, 303 So.2d 654 (Fla.1st D.C.A. 1974); Straughn v. Story, 334 So.2d 337 (Fla.1st D.C.A. 1976).

Section 201.02 treats valuable partnership interests issued in exchange for real property as consideration for a taxable purchase.

Muben-Lamar, LP v. Department of Revenue · filed 2000-04-20(1)

The trial judge correctly determined that the partnership bought the real property by issuing valuable partnership interests in consideration for land. This case involved a straightforward exchange of land for personalty.

Section 201.02(1) taxes a deed conveying real property between related legal entities when the transfer is for consideration; calling it a book transaction creates no exemption.

Crescent Miami Center, LLC v. DEPT. OF REVENUE, STATE · filed 2003-09-10(1)

There is no exemption for "book transactions" which convey an interest in real property by deed among related entities. In the absence of a specific legislative directive authorizing an exemption, we believe a straightforward application of Section 201.02(1) requires application of the tax to the current deed, which conveys real property from a limited partnership to a limited liability company.

Section 201.02(1) does not tax a transfer to a wholly owned grantee when nothing of value is exchanged, because the transfer has neither consideration nor a purchaser.

Crescent Miami Center v. Dept. of Revenue · filed 2005-05-19(1)

We conclude that the transfer of property between a grantor and its wholly owned grantee, absent any exchange of value, is without consideration or a purchaser and thus not subject to the documentary stamp tax in section 201.02(1).

Section 201.02 does not impose documentary stamp tax on a corporation’s deed transferring land to its sole stockholder when the transfer is not a sale to a purchaser, even if the stockholder pays an outstanding mortgage.

Florida Department of Revenue v. DeMARIA · filed 1975-11-05

These quotations lead to the conclusion that it was the nature of the transaction, rather than the difficulty in measuring the tax that rendered the deed exempt from documentary stamps.

Section 201.02 imposes documentary stamp tax on a deed conveying mortgaged Florida land to a purchaser.

State ex rel. Port Sewall Realty Co. v. Green · filed 1956-12-05

The tax on the deed was due under Section 201.02, Florida Statutes 1953, and F.S.A., and by the provisions of Section 201.12 the clerk would have been obligated to report to the comptroller the name and address of the person who failed to affix the stamps in the amount of the tax, and the clerk would have been subject to prosecution had he failed.

Section 201.02 taxes an assignment of a real estate purchase contract that transfers equitable title, based on the price paid for that transfer.

Department of Revenue v. Mesmer · filed 1977-04-29(1)

Under it appellees assigned and transferred to Indico an interest in land within the contemplation of the foregoing statute — the equitable title. Documentary stamps reflecting the price of this transfer should have been affixed to the assignment, or in the alternative, to the deed at recordation.

Section 201.02(1) does not tax an assignment of a leasehold subject to mortgages the assignee has not assumed, because the obligation to make mortgage payments depends on the leasehold continuing and is not reasonably determinable consideration.

Dept. of Revenue v. Dix · filed 1978-08-30(1)

However, under the facts of this case, and as stated by the trial court, the economic burden of making mortgage payments is coextensive with the economic burden of paying rent, therefore, the mortgages do not form a reasonably determinable consideration upon which to found a documentary stamp tax under Section 201.02(1).

Section 201.02(1) taxes contracts for the sale of standing timber despite the Uniform Commercial Code’s treatment of timber as goods.

Georgia-Pacific Corp. v. Department of Revenue · filed 1982-02-09(1)

The Court hereby holds that contracts for the sale of standing timber remain liable for the documentary excise tax imposed by Section 201.02, Fla.Stats., despite the amendment to Section 672.107(2), Fla.Stats.

Section 201.02 measures the tax on a land conveyance exchanged for newly issued corporate stock by the stock’s par value when no other consideration is reasonably determinable.

Grove View Estates, Inc. v. Comptroller · filed 1969-08-25

There was no reasonable determinable consideration for this transaction other than the $1,000 total par value of the stock. ... In consideration thereof, it is ordered and adjudged that defendant, Fred O. Dickinson, Jr., as comptroller of the state of Florida, be and he is hereby enjoined from collecting or attempting to collect any more documentary tax on the transaction involved in this proceeding than was represented by the par value of the corporate stock.

Section 201.02 taxes a deed from a mortgagor to a mortgagee in satisfaction of the mortgage debt, based on the value of the debt discharged, which is presumed to equal its face value absent contrary proof.

Indian River Orange Groves, Inc. v. Dickinson · filed 1970-07-21

Based upon the foregoing, the court held that “When a deed to real estate is executed by a mortgagor to the mortgagee in satisfaction and discharge of the mortgage debt, the deed is subject to taxation under Section 201.02, Florida Statutes, the tax to be based upon the value of the debt discharged. In the absence of proof to the contrary, the mortgage debt will be presumed to have its face value.” It is our conclusion that the construction placed upon the statute in question by the trial court is correct and must be supported.

Section 201.02 taxes the full consideration for a land conveyance, including mortgage debt the purchaser assumes, without deducting outstanding liens or mortgages.

Rasberry v. Dickinson · filed 1971-01-26

It is our view that when the Florida legislature omitted from the act adopted by it the exclusionary feature embodied in the federal act relating to the value of outstanding liens and encumbrances, it was intended that the tax be computed on the full consideration paid or agreed to be paid for the land conveyed without deduction for the value of outstanding liens or mortgages.

Section 201.02(1) does not treat a change in the form of a grantee’s existing liability as consideration for documentary stamp tax.

Abramson v. Straughn · filed 1977-07-08(1)

We find that the transaction resulted only in a change in the form of Petitioner’s liability and hold that such a change does not constitute consideration for documentary stamp tax purposes. ... Finding that Petitioner was not a purchaser for consideration within the meaning of Section 201.02, Florida Statutes (1975), the Final Order of the Department of Revenue is REVERSED.

Section 201.02(1) treats a mortgage obligation as consideration when a realty conveyance shifts its economic burden to the grantee; an obligation the grantee had already unconditionally guaranteed is not consideration.

STATE, DEPT. OF REV. v. Zuckerman-Vernon Corp. · filed 1977-11-23(1)

The shifting of economic benefit and burden when the taxpayer took subject to the various mortgages at the time of the conveyance, constituted the consideration necessary to invoke the documentary stamp tax under Section 201.02(1), Florida Statutes (1975). ... Consequently, with respect to the Commercial Trading Company, Inc. obligation, there was no shifting of economic burden at the time of the conveyance from Bayshore. ... It is clear, therefore, that it was improper for the Department to treat the $1,300,000 as consideration or assess documentary stamp tax with respect thereto.

Section 201.02 does not tax a conveyance when the grantee was already fully liable for the mortgage debt and assumes no additional payment obligation or other consideration.

Straughn v. Story · filed 1976-06-30

In this case, the stockholder was already fully liable for payment of the debt. The deed did not make the grantee assume any payments for which he was not already fully and completely responsible. There was, therefore, no consideration passing and the transaction was immune from the tax under the doctrine set forth by the Supreme Court in the Palmer-Florida Corporation v. Green [3] case.

Section 201.02 treats the transfer of a purchase money mortgage’s economic burden to a shareholder as consideration for a real property conveyance, even when the shareholder does not formally assume the mortgage.

Florida Dept. of Revenue v. De Maria · filed 1976-10-14(1)

It is this shifting of the economic burden and benefit which supplies the consideration required by Section 201.02, Florida Statutes.

Section 201.02(1) treats the outstanding mortgage debt on conveyed real property as taxable consideration.

Department of Revenue v. PMR Resorts, Inc. · filed 2004-03-12(1)

Since the amount of the outstanding mortgage obligation on the property transferred to PMR is taxable consideration under section 201.02(1), the judgment in favor of PMR is reversed and the case is remanded with instructions that judgment be entered in favor of the Department.

Section 201.02(1) taxes a deed reconveying land with completed improvements when the contract price does not separate the consideration for the land from the consideration for construction; the full contract price is consideration for the deed.

Cohen-Ager, Inc. v. State · filed 1987-03-24(1)

We conclude, as did the hearing officer, that to convey the property with the improvements completed back to Dade County, Cohen-Ager, Inc., used the vehicle of a “deed whereby any land ... or any interest therein shall be transferred to the purchaser ...” Section 201.02(1), Florida Statutes (1979). ... We find that there is competent substantial evidence in the record to support the findings in the Department’s Final Order which provide that, because the consideration for the land and the consideration for the development and construction are indistinguishable in the contract price, the full contract price is the consideration for the warranty deed, and therefore the exemption that appellants rely on in Rule 12B-4.-14(2), Florida Administrative Code, is inapplicable.

Section 201.02(1) bases documentary stamp tax on the debt encumbering conveyed property even when covenants not to sue provide additional consideration.

Chapparal Partners ex rel. First Interstate Bank of California v. State, Department of Revenue · filed 1995-10-26(1)

Since the appellant chose to take the property still encumbered by the indebtedness, the Department was correct in assessing documentary stamp taxes on the basis of the debt.

Section 201.02(1)'s fair market value presumption does not apply when the consideration for a conveyance consists only of money.

State, Dept. of Revenue v. Ray Const. · filed 1996-01-30(1)

The trial court concluded, and we agree, that there was no occasion under the facts presented to resort to the "fair market value" language of the statute, since there was no property or consideration other than money flowing from Ray Construction to R & R Land, Ltd.

Section 201.02(1) treats the principal amount of a mortgage on conveyed real property as taxable consideration, whether or not the transferee assumes the debt.

Department of Revenue v. PINELLAS VP, LLC · filed 2009-01-07(1)

Here, section 201.02(1) is clear and unambiguous; mortgages are forms of taxable consideration. ... The principal amount of the mortgages brings the transactions within the scope of section 201.02(1).

Section 201.02(2) and (3) apply prospectively to cooperative apartment interests and do not tax interests acquired before their enactment.

State v. Swinscoe · filed 1979-10-04(2), (3)

We reject the contention of the appellant, Department of Revenue, that these statutes may be retroactively applied and to that extent affirm the trial court’s final judgment.

Section 201.02 required a purchaser to pay the excise tax on the deed when accepting a conveyance.

Needle v. Lowenberg · filed 1982-11-03

It was incumbent upon appellant, when he accepted the deed from his grantor, to pay the excise tax on deeds then required of purchasers by section 201.02, Florida Statutes (1975).

Section 201.02(1) applies to real estate transfers for consideration to a purchaser; a transfer that changes legal ownership but leaves beneficial ownership unchanged is a mere book transaction, not a sale to a purchaser.

Kuro, Inc. v. State, Dept. of Revenue · filed 1998-05-15(1)

Though the transactions effected a change in the legal ownership of the property, the beneficial ownership of the land remained unchanged. These were thus mere book transactions and, otherwise, were not sales to a purchaser, as contemplated by section 201.02(1).