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Originally Posted by srplus  They are issuing subpoenas for records to any large interweb or catalog company that is selling and has not registered with them already and collecting Florida Sales tax for them. With enough time they will get around to all the major sellers.
No one has the resources to take them on and most of the sellers cave and just collect the sales tax from Florida residents and remit to the State every month... it is cheaper than trying to go before the Supreme Court. or fight the subpoenas.
Smells a little of rotten fish.  Government arm twisting. |
I call shenanigans.
This is illegal. If a business does not have any facilities in a state, it is a violation of the establishment clause of the 14th amendment to the US Constitution for a state department of revenue to attempt to force them to collect that state's sales tax.
NATIONAL BELLAS HESS V. DEPARTMENT OF REVENUE, 386 U. S. 753 (1967) -- US Supreme Court Cases from Justia & Oyez
It should not even be happening, and I refuse to believe that major internet retailers don't give a damn, and are afraid to take on the state of Florida.
After all, it's already been done once. So unless FL is looking to overturn
Bellas Hess or the 14th amendment... Which isn't bloody damn likely since
Bellas Hess was reaffirmed by the US Supreme Court not long ago...