Florida Tax Tip of the Month: Demystifying Sales Tax Nexus – What You Need to Know!

Nydia Menendez • May 23, 2024

Demystifying Sales Tax Nexus – What You Need to Know!

                                                                          Nydia Menendez, The Florida Tax Girl - Feb 5, 2024


In today's tax tip, I'm diving into the intriguing world of sales tax nexus. Buckle up, because we're about to embark on a journey that's as thrilling as it is informative.

So, what on earth is this "nexus" thing, and why should you care? Well, my friends, it's the magical connection that determines whether out-of-state dealers fall under the jurisdiction of another state. Picture it as the handshake between different states in the grand dance of taxes.

Let's break it down:



1. The State A to State B Connection: 

Imagine a dealer in sunny State A selling their wares to eager customers in the not so sunny State B. Now, State B wants its slice of the pie in the form of sales tax. Fair enough, right? But here's where it gets interesting. While State B expects its residents to self-report and pay the use tax (basically, the sales tax's buddy), it's far more efficient for the states if the dealers are obligated to report and remit the sales tax. Simplicity wins the day!



2. The Waiting Game and the Supreme Twist: 

Now, you'd think that given the complexity of inter-state commerce, Congress would step in with some federal legislation. But nope, they didn't. In 1967, the U.S. Supreme Court, in the National Bellas Hess, Inc. v. Illinois Department of Revenue case, decided that having property or payroll in a state was the ticket to being taxed by that state. Fast forward to 1992 and the Quill Corp. v. North Dakota case, where the Court threw the nexus requirement squarely into the Commerce Clause basket. Physical presence became the name of the game. If you had property or payroll in any state, bingo – you had nexus.



3. The Unexpected Plot Twist: 

Because inter-state commerce is under the purview of Congress, I was convinced that the high Court was sending a secret message to Congress to sort this out. Turns out, I was wrong! For more than 25 years, Quill was the law of the land (mostly), which was not a bad deal for taxpayers!



4. Enter Economic Nexus and the Wayfair Saga: 

The states weren't having it, though. They passed laws challenging the physical presence rule with concepts like affiliate nexus, click-through nexus, and economic nexus. In 2018, the Supreme Court, in South Dakota vs. Wayfair, gave the green light to the states, saying they could impose economic nexus thresholds on top of the physical presence rule. Now states can impose a filing obligation on businesses with either physical presence or significant sales into their territory.



5. Florida Joins the Party: 

Although Wayfair was decided in 2018, Florida, albeit tardy to join, wasn't one to be left behind. Starting July 1, 2021, Florida's economic nexus law requires remote sellers and marketplace facilitators to register when they hit a certain threshold. In Florida, "substantial" means more than $100,000 in sales or 200 or more retail transactions. 

The economic nexus legislation is expected to bring a dramatic increase of revenue into Florida. So much so that these newly-found revenues have already been pledged to fund the State’s unemployment compensation trust fund; and once that is fully replenished, the tax rate on commercial rents (another Florida distinction) will be reduced. Big changes are coming, folks!



6. The Bottom Line: Here's the scoop: 

it's not just a sales tax; it's always been a sales AND USE tax. If the seller doesn't collect the sales tax, the buyer must self-accrue, report, and remit the use tax. And trust me, the tax on purchases (or “consumables” – in audit parlance) is a big one in sales and use tax audits. Most folks are unaware of this, so it might be a great conversation starter with your clients.




Unraveling the Florida tax maze to help taxpayers comply with complex laws is my mission! 💪


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