On March 1, 2023, a Florida Circuit Court rejected the Department of Revenue’s attempt to achieve a market-based sourcing result under Florida’s costs of performance sourcing rule that applies to receipts from services. In Billmatrix Corp. et al. v. Dep’t of Revenue, the court granted summary judgment in favor of a number of affiliated
Florida
Legal Alert: Florida District Court of Appeals hears oral arguments in addback dispute
Posted in Legal Alert
On October 11, 2022, the Florida District Court of Appeals, First District held oral arguments on State Farm Mutual Automobile Insurance Company v. Florida Department of Revenue, a case relating to the “add back” to Florida taxable income of interest earned on state and local bonds, for purposes of calculating Florida corporate income tax.…
New York finds taxpayers’ evidence to establish new domicile is insufficient
By Elizabeth Cha & Chelsea Marmor on
The New York State Tax Appeals Tribunal affirmed an Administrative Law Judge determination that two taxpayers remained New York residents because the taxpayers did not establish that they had changed their domicile to Florida during the relevant tax years. Because the taxpayers spent “more than 30 but less than 184 days in New York,” the…
Kansas Supreme Court holds pizza restaurant franchisee was a Florida domiciliary
By Charles Capouet & David Jasphy on
Posted in State Domicile and Residency
On May 20, 2022, the Kansas Supreme Court ruled that a taxpayer had met his burden of demonstrating that he had changed his domicile from Kansas to Florida. If he were deemed a resident of Kansas, he would have owed over $42 million of back taxes, interest, and penalties, in part from the sale of…
Actions speak louder than words when determining New York domicile
By Michael Hilkin & Jeremy Gove on
Posted in New York, State Domicile and Residency
A New York Administrative Law Judge recently determined that a married couple who purchased a home in Florida in 2013 with the intention of retiring in the state, but retained ties to New York, could not prove that they abandoned their New York domicile in 2014. In arriving at her conclusion the ALJ focused on…
Florida sends economic nexus and marketplace facilitator bill to the governor
By Jonathan Feldman & Chris Lee on
On April 12, 2021, the Florida legislature presented S.B. 50 to Governor DeSantis, 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 $100,000 has a “substantial number of remote sales” and…
Florida economic nexus and marketplace facilitator bill advances
By Jonathan Feldman, Chris Lee & Charles Capouet on
Posted in Digital Economy, Marketplace
On March 11, 2021, the Florida House Ways and Means Committee approved H.B. 15. This bill and its Senate companion, S.B. 50, which was previously approved by the Senate Appropriations Committee, would require sales tax collection from a person whose remote sales to Florida exceed $100,000 per year and would require a “marketplace…
Florida Senate introduces economic nexus and marketplace facilitator bill
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 $100,000 has a “substantial number of remote sales” and is therefore…
Sunshine State Vacation Verdict: Florida Court Rules Online Platforms Not Responsible for Collecting Tourist Development Tax
By Annie Rothschild & Ted Friedman on
Posted in Noteworthy Cases
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 provide an online platform where property owners can advertise their properties for short-term rentals. The Court explained that…
Florida appellate court rules vacation rental platforms not obligated to collect local lodging tax
By Jonathan Feldman on
Posted in Digital Economy
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,” not owners. A dissenting opinion analogized rental platforms to property managers, which…