However, the marketplace provider may be relieved of liability in certain situations where the marketplace provider made a reasonable effort to obtain accurate information from a marketplace seller regarding the sales facilitated through the marketplace, but the failure was that of the marketplace seller providing incorrect or incomplete information.

Marketplace providers are required, at the time of sale, to collect other fees such as the prepaid wireless E911 fee, waste tire fee and lead-acid battery fee on any sales that it facilitates or makes itself.įor a marketplace provider under audit, the department may not examine the records or assess tax to the marketplace seller on retail sales facilitated though the marketplace. gross sales of more than $1 billion, provides evidence to the marketplace provider that it is registered and notifies the department.Īlso effective April 1, 2022, additional taxes and fees are required to be collected by marketplace providers. As is common in many other states, marketplace sellers that are considered “dealers” in Florida are required to register, charge and collect tax on all taxable retail sales made outside of the marketplace.Įffective April 1, 2022, a marketplace provider and marketplace seller can contractually agree to have the marketplace seller collect and remit all applicable taxes and fees, if the marketplace seller has annual U.S. Marketplace providers subject to Florida tax must certify to their marketplace sellers that they will collect and remit the tax on taxable retail sales made through the marketplace.Ī marketplace seller does not collect and remit sales tax on a taxable retail sale when the sale is made through the marketplace and the marketplace provider certifies that it will collect and remit such tax. For example, the term does not include a person who solely provides travel agency services, certain delivery network companies or certain payment processors whose sole activity with respect to the marketplace sales is to process payments. While Florida’s definition of “marketplace provider” is fairly standard, the bill specifically excludes certain persons. A marketplace seller (i.e., a remote seller that sells through a marketplace facilitator) only considers those sales made outside of a marketplace (i.e., direct sales) to determine whether it made a substantial number of sales in calendar year 2020. This new law first applies to “remote sales” made or facilitated on or after Jby a person who made or facilitated a “substantial number of remote sales” in calendar year 2020. The term “remote sales” means retail sales of tangible personal property ordered by mail, telephone, the Internet or other means of communication from a person who receives the order outside of Florida and transports the property or causes the property to be transported from any jurisdiction, including Florida, to a location in the state. While many states define a remote seller or an out-of-state retailer within their economic nexus and marketplace facilitator laws, Florida is one of the only states to specifically define remote sales.

If the $100,000 threshold is exceeded, all remote sales are considered “substantial.” However, certain persons may be eligible for relief on remote sales made before July 1, 2021, if they register with the Florida Department of Revenue by October 1, 2021.īeginning July 1, 2021, out-of-state retailers (i.e., remote sellers) and marketplace providers (i.e., marketplace facilitators) with over $100,000 taxable “remote sales” to a Florida purchaser in the previous calendar year are considered “dealers” in Florida, with a requirement to register, collect and remit sales tax. 50, Missouri is the only state without economic nexus or marketplace facilitator rules. Like many other states, Florida has created a relatively low seller exemption threshold for remote sellers of $100,000 in sales without implementing a transactional limit (e.g., 200 transactions in the previous calendar year). Under Wayfair, the court held that physical presence is not required for states to assert nexus on out-of-state businesses, paving the way for states to impose sales tax collection obligations on remote sellers whose sales exceed a monetary or transaction threshold (e.g., $100,000 in sales). Supreme Court decision in South Dakota v.

50 into law, making Florida one of the last states to adopt economic nexus and marketplace facilitator rules for sales tax purposes since the landmark U.S. On April 19, 2021, Florida’s governor signed S.B.

Florida economix nexus law