Don’t Pay Unnecessary Documentary Stamp and Intangible Taxes – Berger Singerman Law Blog

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Don’t Pay Unnecessary Documentary Stamp and Intangible Taxes – Berger Singerman Law Blog documentary stamp taxes: Enforcing a Promissory Note and. – Raising the Failure to Pay Taxes as a Defense According to the decision in Nikooie , Section 201.08 is a statutory limitation on the enforceability of a promissory note, mortgage or other such instrument, and as such, the failure of a party to pay the requisite taxes does not need to be raised by any party to a suit.

Advisory Legal Opinion – AGO 74-350. First, AGO 060-56 ruled that the initial conveyance of the leasehold interest from the authority to private lessees was not subject to the assessment of documentary stamps under s. 201.02, F. S., based on the decision in DeVore v. Gay, 39 So.2d 796 (fla. 1949).

Because Florida does not impose a state income tax on individuals, the imposition of documentary stamp and non-recurring intangible personal property taxes on Florida real estate loan transactions is one way that the State provides for additional revenue.

The failure to file penalty kicks in if you file your tax return late, or not at all, and is based on 5% of your unpaid taxes every month (up to 25% of your total balance due). The best way to avoid this penalty is to file for a six-month extension prior to the tax filing deadline if you don’t.

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The BIR, while maintaining its position on the exemption of value-added tax (VAT) and documentary stamp tax (DST), emphasized that NOLCO is not one of the assets of the absorbed corporation that can be transferred and absorbed by the surviving corporation, as this privilege or deducti on can be availed of only by the absorbed corporation.

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