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Bill > S0088


FL S0088

FL S0088
Mail Order Sales


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2013 Regular Session

Bill Summary

Revising the term "mail order sale" to specifically include sales of tangible personal property ordered by Internet; deleting certain provisions that specify dealer activities or other circumstances that subject mail order sales to this state's power to levy and collect the sales and use tax; providing that certain persons who make mail order sales and who have a substantial nexus with this state are subject to this state's power to levy and collect the sales and use tax if they engage in certain enumerated activities; creating a rebuttable presumption that a dealer is subject to the state's power to levy and collect the sales or use tax under specified circumstances, etc.

AI Summary

This bill revises the definition of a "mail order sale" to explicitly include sales of tangible personal property ordered through the Internet, in addition to mail or other communication methods, and clarifies that dealers making such sales are subject to Florida's sales and use tax if they have a substantial connection, or "nexus," with the state. The bill removes certain outdated provisions that determined when mail order sales were taxable and instead focuses on specific activities that establish nexus, such as having agents or representatives in the state, maintaining a business presence, or exploiting the Florida market through various media. It also introduces a rebuttable presumption that a dealer is subject to taxation if they have an agreement with Florida residents who refer customers to them, and those referred sales exceed $10,000 annually, unless the residents can prove they did not actively solicit business in Florida on the dealer's behalf. The bill aims to modernize tax collection for online sales by ensuring that businesses with a significant presence or market activity in Florida contribute to its tax revenue.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Died in Commerce and Tourism (on 05/03/2013)

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