Sticker shock at closing often comes from two Florida-specific line items you might not expect: documentary stamp taxes and the nonrecurring intangible tax. If you are buying or selling in Delray Beach, understanding these helps you budget with confidence and avoid last‑minute surprises. You want clarity on who pays, how the taxes are calculated, and where to confirm the exact numbers. This guide breaks it down, step by step, with Palm Beach County specifics. Let’s dive in.
Doc stamps and the intangible tax
Deed documentary stamp tax
Florida charges a documentary stamp tax on deeds when real property changes hands. The statewide rate is $0.70 per $100 of consideration shown on the deed, rounded up to the next $100. “Consideration” includes the purchase price and any debt taken on as part of the transfer. See Florida Statutes for the deed tax rate and rules in section 201.02.
Note and mortgage documentary stamps
If you finance your purchase, Florida also charges doc stamps on the promissory note or written obligation at $0.35 per $100 of indebtedness, typically rounded up to the next $100. When the obligation is secured by a mortgage recorded in Florida, this tax applies to the full amount. See section 201.08.
Nonrecurring intangible tax
In addition to note doc stamps, Florida imposes a one‑time nonrecurring intangible tax on mortgages recorded against Florida real property. The rate is 2 mills per dollar, which is $0.002 per $1 or $2 per $1,000 of the mortgage amount. This is separate from doc stamps and is outlined in Chapter 199.
How Florida calculates these taxes
Rounding and bases
- Deed doc stamps: calculated on the deed’s consideration, rounded up to the next $100 unit. Section 201.02
- Note or mortgage doc stamps: calculated on the loan amount, rounded up to the next $100 unit. Section 201.08
- Intangible tax: calculated on the exact loan principal at 0.002 per $1. Chapter 199
When these are collected
These taxes are collected by the county clerk as part of recording. The deed tax is collected when the deed is recorded. The mortgage doc stamps and the intangible tax are collected when the mortgage and note are recorded. See section 201.02 and section 201.08.
Quick examples
- Example A, deed tax on a $500,000 sale price: 5,000 units at $0.70 each equals $3,500 in deed doc stamps. See section 201.02.
- Example B, buyer financing of $400,000:
- Note doc stamp: $400,000 × 0.0035 equals $1,400. See section 201.08.
- Intangible tax: $400,000 × 0.002 equals $800. See Chapter 199.
- Combined state mortgage taxes: $2,200 plus county recording fees.
For a live estimate tailored to your transaction, use the Palm Beach County Clerk’s recording fee calculator.
Palm Beach County customs: who pays what
Typical allocation at closing
While the statutes set the tax rates, your contract decides who pays them. In Florida, it is customary for the seller to pay the deed documentary stamp tax, while the buyer pays the mortgage doc stamps and the intangible tax when financing. This statewide practice is commonly reflected in standard contracts, though it is negotiable. See an overview of typical allocations in Florida from this explanation of documentary stamp taxes.
Title insurance norms in Palm Beach County
Local custom in Palm Beach County often places the owner’s title insurance premium and related owner title charges on the seller’s side, and the seller frequently selects the closing or title agent. Customs can vary by county and are contractual. For a local reference on Palm Beach practice, see this title FAQ.
Exemptions and special situations
Transfers that may still be taxed
Even if a deed looks like a gift, documentary stamp tax can still apply when there is consideration. That can include assuming or paying off a mortgage as part of the transfer. Florida defines consideration broadly. See deed tax guidance in section 201.02.
Government and other exemptions
Certain government entities and specific transactions can be exempt by statute. Exemptions must be properly documented at recording. For a practical overview of common exemptions and how they are evidenced, see this summary of doc stamp exemptions.
Refinances, assumptions, and future advances
Refinances and assumptions have their own rules. Taxes can depend on whether new indebtedness is created, whether there are future advances, or whether a mortgage is corrected. These are nuanced and handled at the document level. See Chapter 201 and related guidance, and coordinate with your title company or attorney. Reference the statutes in Chapter 201.
Why both note stamps and intangible tax appear
For mortgages recorded against Florida real property, you normally see both the note doc stamp and the intangible tax because they are separate taxes with different bases and rules. A concise overview of how the two interact is outlined in this legal note on Florida taxes.
Estimating your Delray closing costs
Use the county calculator
The Palm Beach County Clerk & Comptroller provides a recording fee and tax calculator. Enter your purchase price and loan amount to produce a county‑specific estimate that shows deed doc stamps, mortgage doc stamps, intangible tax, and recording fees.
Quick mental math
- Deed doc stamps: sale price × 0.007, rounded per $100.
- Mortgage doc stamps: loan amount × 0.0035, rounded per $100.
- Intangible tax: loan amount × 0.002, exact.
For official fee schedules and per‑page recording charges, see the Clerk’s recording fees page.
Practical tips for a smooth closing
- Confirm who pays each item in your executed contract and add a buffer for recording fees.
- Ask your title company to preview recording counts so page‑based fees are accurate.
- If financing, budget for both the note doc stamp and the intangible tax.
- For any transfer involving existing debt, ask whether assumed or discharged debt creates taxable consideration.
- Coordinate early on refinances or assumptions since tax treatment can hinge on document structure.
- Rates and customs can change. Verify totals with your title company and the Clerk’s calculator. Rates in this article are current as of October 2025.
Ready to simplify your Delray Beach closing and protect your bottom line? Connect with the team that brings white‑glove guidance and local expertise to every detail. Reach out to Megan Romine to start the conversation.
FAQs
Who pays the deed doc stamp in Delray Beach closings?
- Customarily the seller pays the deed documentary stamp tax in Palm Beach County, but payment is contractual and negotiable, and you should confirm in your executed contract. See a statewide overview of custom in this doc stamp explainer.
Who pays the mortgage doc stamp and intangible tax when I finance?
- The buyer or borrower typically pays both the note doc stamp and the nonrecurring intangible tax because they are tied to the loan, with collection at recording. See section 201.08 and Chapter 199.
What are the current rates for Florida real estate transfers and mortgages?
- Deed doc stamps are $0.70 per $100 of consideration, note or mortgage doc stamps are $0.35 per $100 of indebtedness, and the intangible tax is $0.002 per $1 of mortgage principal. See section 201.02, section 201.08, and Chapter 199.
How can I estimate these taxes for a Delray Beach closing?
- Use the Palm Beach County Clerk’s recording fee calculator for deed and mortgage entries, then confirm with your title company for page counts and final recording fees.
Do gift, spousal, or trust transfers avoid doc stamps in Florida?
- Not always. If there is consideration, including assumption or payoff of debt, documentary stamp tax can still apply. See deed rules in section 201.02 and confirm with your title professional.
Why do I see both a note doc stamp and an intangible tax on my loan?
- They are separate taxes with different legal bases that apply when a mortgage is recorded against Florida real property. See this legal overview for context and confirm with your closing agent.