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. 

Share this:

Read More Here...