Jun 10, 2021 • 1 minute read
Wayfair Blogs – Florida
An update on recent legislation passed in Florida in relation to the Supreme Court's decision in Wayfair.

Wayfair Blogs – Florida

Florida has become one of the latest (and one of the last) sales tax states to join the “Wayfair” club. Beginning on July 1, 2021, remote merchants and marketplace providers will have to collect Florida sales and use tax if they have taxable remote sales in excess of $100,000 in the previous calendar year. Individual remote sellers may exclude sales made through a marketplace.

The law provides that sellers and marketplace facilitators will get amnesty for tax liability, penalty, and interest due on remote sales that occurred before July 1, 2021, if they register with the Department of Revenue before October 1, 2021. If the Department of Revenue could possibly argue that you had nexus under traditional rules, you will want to register before the deadline to avoid any possible issue. TaxCloud can assist merchants and marketplace facilitators to jump through all the necessary hoops.

The law also allows marketplace facilitators and its marketplace sellers to contractually agree to have the marketplace seller collect the tax if the seller is registered in Florida and notifies the Department of Revenue. This option is only available, however, if the seller (and its related entities and franchises) have gross U.S. sales of more than $1 billion a year.