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.