Florist wants Supreme Court to take up tax decision

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A Florida-based florist is asking the nation’s highest court to review a state Supreme Court sales-tax decision.

American Business USA Corp. filed its petition with the U.S. Supreme Court last month, dockets show.

The state’s Department of Revenue was due to file a response next Monday but the deadline has now been moved to Jan. 12.

The state’s high court had ruled that Florida can impose a sales tax on the web-based florist for flowers sold to out-of-state customers and delivered outside of Florida.

The court overturned an appeals court decision that said the Department of Revenue couldn’t collect taxes from the company’s out-of-state sales.

Because the Palm Beach County-based business has a physical presence in the state and does business within Florida, that’s enough of a tie to the state to make all its sales taxable — regardless if they originated outside of Florida.

The company has argued it shouldn’t be responsible for sales tax on orders from out-of-state customers for flowers that were grown and delivered outside of Florida.

Background from The Associated Press, reprinted with permission. 

Jim Rosica

Jim Rosica is the Tallahassee-based Senior Editor for Florida Politics. He previously was the Tampa Tribune’s statehouse reporter. Before that, he covered three legislative sessions in Florida for The Associated Press. Jim graduated from law school in 2009 after spending nearly a decade covering courts for the Tallahassee Democrat, including reporting on the 2000 presidential recount. He can be reached at [email protected].



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