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Does an Enhanced Life Estate Deed have to pay a Documentary Tax Stamp?

We get asked this question a lot about Enhanced Life Estate Deeds, nicknamed Lady Bird Deed. The answer is no, it does not apply. According to the Florida Department of Revenue, TAA:20B4-004 published on October 16, 2020. It states the following: "Since there is no present transfer of beneficial interests in the subject properties, the Deed is not subject to documentary stamp tax regardless of any consideration."

Please be sure to check with the Florida Department of Revenue for any changes and always consult with an attorney before changing any title to your property. This information is not given as legal advice. Please contact an attorney regarding your specific situation.

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