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FL S0202
Bill
Status
9/25/2013
Primary Sponsor
Gwen Margolis
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AI Summary
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Revises the definition of "mail order sale" to explicitly include sales of tangible personal property ordered through the Internet.
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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.
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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.
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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.
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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Withdrawn from further consideration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