Tax Law

Recent Posts

Florida Senate introduces economic nexus and marketplace facilitator bill
Posted on 30 Dec 2020 by Eversheds Sutherland LLP

On December 18, SB 50 was filed in the Florida Senate which would require sales tax collection from a person whose remote sales to Florida exceed $100,000 per year. It states that a person whose “taxable remote sales in the previous calendar year” exceed... Read More

Sunshine State Vacation Verdict: Florida Court Rules Online Platforms Not Responsible for Collecting Tourist Development Tax
Posted on 27 Apr 2020 by Eversheds Sutherland LLP

The Florida District Court of Appeal affirmed a trial court decision holding that certain online vacation rental platforms (the “Companies”) are not required to collect and remit Palm Beach County’s Tourist Development Tax (“TDT”). The Companies each... Read More

Florida appellate court rules vacation rental platforms not obligated to collect local lodging tax
Posted on 2 Apr 2020 by Eversheds Sutherland LLP

In Gannon v. Airbnb, Inc. , a Florida appellate court held that vacation rental platforms are not required to collect local lodging tax. The ruling reasons that the tax is imposed on the owner of the property, and vacation rental platforms are “conduits... Read More

Pay to watch play: Florida DOR concludes that video game streaming site subscriptions are subject to Florida communications services tax
Posted on 6 Mar 2020 by Eversheds Sutherland LLP

The Florida Department of Revenue issued a Technical Assistance Advisement concluding that an internet-based streaming video subscription service is subject to Florida’s communication services tax. The Taxpayer maintains a website where viewers can watch... Read More

Florida Bill to Tax Car Sharing Moves Forward
Posted on 20 Feb 2020 by Eversheds Sutherland LLP

Florida’s proposed tax on peer-to-peer car sharing companies, H.B. 377 , cleared its first hurdle and passed the state House Ways and Means Committee on February 11. The bill would require car-sharing companies to collect a 6% sales tax on vehicle leases... Read More

Florida Seeks to Extend Vehicle Rental Fee to Peer-to-Peer Apps
Posted on 6 Feb 2020 by Eversheds Sutherland LLP

Florida currently imposes a $2/day surcharge on the lease or rental of a motor vehicle. In order to treat digital businesses similarly to traditional brick-and-mortar businesses, S.B. 478 seeks to extend the same fee to peer-to-peer car sharing services... Read More

School During Summer: Florida District Court of Appeal holds Class of “Every Current and Future” Member cannot be Certified.
Posted on 22 May 2019 by Eversheds Sutherland LLP

The Florida District Court of Appeal reversed the trial court’s certification of a class in a sales tax refund claim because the class was not “ascertainable.” Plaintiff filed suit against BJ’s Wholesale Club, Inc. (“BJ’s”) alleging that BJ’s thirty-one... Read More