Florida
Statutory Tax Provisions
Estate and inheritance tax
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Florida estate tax is a pickup equal to the federal state death tax credit, zero for current deaths
“A tax is imposed upon the transfer of the estate of every person who, at the time of death, was a resident of this state, the amount of which shall be a sum equal to the amount by which the credit allowable under the applicable federal revenue act”
Note: Quote truncated at 48 words; statute continues 'for estate, inheritance, legacy, and succession taxes actually paid to the several states'. Pickup: federal credit zero since 2005, so no FL estate tax due.
Verify Official Document (www.leg.state.fl.us)→Capital gains tax
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Florida Constitution bars a personal income tax; capital gains not taxed
“No income tax shall be levied upon natural persons who are residents or citizens of this state.”
Note: URL resolves to the Florida Constitution Article VII index; §5(a) is within this article.
Verify Official Document (www.flsenate.gov)→In-state muni bond interest
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Florida Constitution bars a personal income tax; capital gains not taxed
“No income tax shall be levied upon natural persons who are residents or citizens of this state.”
Note: URL resolves to the Florida Constitution Article VII index; §5(a) is within this article.
Verify Official Document (www.flsenate.gov)→Out-of-state muni bond interest
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Florida Constitution bars a personal income tax; capital gains not taxed
“No income tax shall be levied upon natural persons who are residents or citizens of this state.”
Note: URL resolves to the Florida Constitution Article VII index; §5(a) is within this article.
Verify Official Document (www.flsenate.gov)→GSE bond interest (FNMA/FHLMC)
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Florida Constitution bars a personal income tax; capital gains not taxed
“No income tax shall be levied upon natural persons who are residents or citizens of this state.”
Note: URL resolves to the Florida Constitution Article VII index; §5(a) is within this article.
Verify Official Document (www.flsenate.gov)→Qualified dividend income
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Florida Constitution bars a personal income tax; capital gains not taxed
“No income tax shall be levied upon natural persons who are residents or citizens of this state.”
Note: URL resolves to the Florida Constitution Article VII index; §5(a) is within this article.
Verify Official Document (www.flsenate.gov)→U.S. Treasury interest
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Florida Constitution bars a personal income tax; capital gains not taxed
“No income tax shall be levied upon natural persons who are residents or citizens of this state.”
Note: URL resolves to the Florida Constitution Article VII index; §5(a) is within this article.
Verify Official Document (www.flsenate.gov)→FHLB and FFCB bond interest
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Florida Constitution bars a personal income tax; capital gains not taxed
“No income tax shall be levied upon natural persons who are residents or citizens of this state.”
Note: URL resolves to the Florida Constitution Article VII index; §5(a) is within this article.
Verify Official Document (www.flsenate.gov)→Elective community property trust available
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Florida Community Property Trust Act: married couple may establish a community property trust (effective July 1, 2021)
“A married couple who establishes a community property trust pursuant to this part.”
Note: Fla. Stat. §736.1502 defines 'Settlor spouses' as a married couple who creates a community property trust under Part XV of Chapter 736 (ss. 736.1501-736.1512). The Act took effect July 1, 2021. Florida is not a mandatory community property state; this is an elective opt-in mechanism.
Verify Official Document (www.flsenate.gov)→Uniform Disposition of Community Property Rights at Death Act (UDCPRDA)
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Florida Uniform Disposition of Community Property Rights at Death Act (adopted 1992)
“Sections 732.216-732.228 may be cited as the 'Florida Uniform Disposition of Community Property Rights at Death Act.'”
Note: Florida enacted UDCPRDA in 1992 (ch. 92-200, Laws of Florida). Protects the community property character of assets acquired in community property states when a couple moves to Florida. At death, the surviving spouse retains their one-half community property interest. This is separate from the elective CP trust available under Fla. Stat. §§736.1501-736.1512.
Verify Official Document (www.flsenate.gov)→