Fla. Admin. Code r. 12B-4.043 - Issues Not Subject to Tax

12B-4.043 Issues Not Subject to Tax.

(1) Assignment of Bond: An instrument merely representing an assignment of a bond is not taxable.

(2) Surety Bonds: Indemnity, fidelity, and surety bonds are not taxable. (1944 Op. Att’y. Gen. Fla. 044-356 (Dec. 6, 1944))

(3) Subdividers Bonds: A bond given by subdividers of real estate in connection with approval of a subdivision by Board of County Commissioners conditioned that should the makers of such bond construct streets, alleys and thoroughfares as promised the bonds would become null and void, otherwise to remain in full force and effect, is not subject to the documentary stamp tax. (1949) Op. Att’y. Gen. Fla. 049-583 (Dec. 7, 1949))

(4) Issued in Another State: Where all steps in the issuance of bonds by Florida corporation took place out of the state, the transaction is not taxable (State v. Gay, 90 So. 2d 132 (Fla. 1956)). However, where bonds are secured by a mortgage or trust deed recorded in this state, the mortgage or trust deed is taxable.

(5) Governmental Bonds: All notes, bonds, mortgages, deeds and other evidences of indebtedness issued, sold, transferred, assigned or delivered by any State, County, or subdivision thereof, or municipality, all being Governmental agencies, are exempt from the documentary stamp tax. This also applies to such documents and instruments issued by the Federal Government and its agencies. (1931 Op. Att’y. Gen. Fla. 1931-32 Biennial Report, Page 889 (Dec. 8, 1931))

Rulemaking Authority 201.11, 213.06(1) FS. Law Implemented 201.07 FS. History–New 8-18-73, Formerly 12A-4.43, Amended 12-26-77, Formerly 12B-4.43, Amended 12-5-89, 12-30-97.