Documentary Stamp Tax on Orange County Deeds
Florida charges documentary stamp tax of 70 cents per $100 of consideration on deeds, in every county except Miami-Dade, so Orange County deeds pay the full 70 cents. Consideration includes any mortgage or other encumbrance on the property, whether or not the buyer assumes the debt. The Department of Revenue says all parties to the document are liable for the tax regardless of which party agrees to pay it, and its own worked example applies the tax to a property-for-property exchange. On a $1,000,000 deed, the tax is $7,000.
If you finance the replacement property, a mortgage recorded in Florida is taxed at 35 cents per $100 of the amount secured. In Orange County, the County Comptroller's Official Records Department records deeds and collects the documentary stamps.
Sources: Fla. Stat. 201.02 (documentary stamp tax on deeds); Florida Department of Revenue: documentary stamp tax; Orange County Government: Comptroller Official Records Department
No Florida Income Tax, so the Exchange Is About Federal Tax
Florida's constitution bars the state from taxing the income of residents, beyond amounts that could be credited against a similar federal or other state tax. A taxable sale of an Orlando rental or commercial building still triggers federal capital gains tax and depreciation recapture, and those are what a 1031 exchange defers.
Property Tax After You Buy Replacement Property
Florida caps yearly assessment increases at 10 percent for non-homestead residential property of nine units or fewer, but the constitution says that after a change of ownership the property is assessed at just value as of the next assessment date. Budget for the replacement property's tax bill based on its current market value, not on what the seller paid.
Working With 1031 Federal Exchange From Orlando
We handle Orlando exchanges by document and wire, alongside your Central Florida title company. We sign the exchange agreement with you before the sale closes, hold the proceeds so you never receive them, receive your written identification by Day 45 and fund the replacement closing by Day 180. Attorney Steve Wolterman leads every exchange.
Orlando, FL 1031 Exchange Questions
Is there a Florida tax when I sell Orlando investment property?
Florida does not tax a resident's capital gain. Documentary stamp tax applies to the deed at 70 cents per $100 of consideration in Orange County, and the Department of Revenue says all parties to the deed are liable for it.
Will the property tax reset when I buy Orlando replacement property?
For non-homestead residential property of nine units or fewer, Florida's constitution says the property is assessed at just value after a change of ownership, so the seller's capped assessment does not carry over to you.
State tax facts on this page were checked against official Orlando, FL sources in November 2026. Tax rules change, and this page is general information, not tax advice for your situation. Confirm the details with your tax advisor before you sell.
Ready to plan a 1031 exchange on your Orlando investment property? Contact 1031 Federal Exchange today.