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FL S0202

Bill

Status

Introduced

9/25/2013

Primary Sponsor

Gwen Margolis

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Revises the definition of "mail order sale" to explicitly include sales of tangible personal property ordered through the Internet.

  • Establishes that dealers making mail order sales are subject to Florida's sales tax if they have a substantial nexus with the state and engage in specified activities such as maintaining distribution facilities, using similar trademarks, or conducting activities significantly associated with establishing a market in Florida.

  • Creates a rebuttable presumption that a dealer is subject to Florida's sales tax if cumulative gross receipts from sales referred by Florida residents under commission agreements exceed $10,000 in 12 months; dealers can rebut this with sworn affidavits proving residents did not engage in in-state solicitation.

  • Specifies that dealers are not required to collect and remit sales or use tax unless they have a physical presence in Florida or conduct activities significantly associated with establishing and maintaining a market in the state.

  • Restructures the definition of "dealer" under section 212.06 to streamline language while maintaining the scope of entities subject to sales tax obligations; effective July 1, 2014.

Legislative Description

Tax on Sales, Use, and Other Transactions

Last Action

Withdrawn from further consideration

3/26/2014

Committee Referrals

Commerce And Tourism10/8/2013

Full Bill Text

No bill text available