United States of America: Introduction of Florida Senate Bill 50

Senate Bill 50 is introduced to the Florida Senate. The Bill expands the definition of "retail use" to include remote sales facilitated by marketplaces, introducing the obligation for providers with no physical presence in the State to collect sales taxes. A threshold of USD 100'000 in annual sales in Florida applies, while the number of transactions shall be irrelevant. Under the Bill, marketplace providers are obligated to collect and remit sales taxes on behalf of the marketplace seller, except for specific circumstances where a marketplace seller and a marketplace provider may contractually agree that the seller collects and remits the sale taxes instead of the provider. For this to be possible, a seller (1) must have annual US-wide revenue of at least USD 1 billion, (2) provide evidence to the provider that they are registered in Florida, and (3) notify the Department of Revenue about the handling of taxes.