Attention Valued Supplier:
As a professional courtesy, we wish to bring to your attention a recent change made to the State of South Dakota Retail Sales and Service Tax statute (“Sales Tax”). Governor Kristi Noem signed Senate Bill 30 into law on February 9, 2023.
South Dakota received a favorable decision from the U.S. Supreme Court and has led the charge to further the idea of economic nexus in the world of sales tax. (South Dakota v. Wayfair, Inc., 585 U.S. 2018) This Wayfair-related legislation eliminated one of two tests for determining when a remote seller is required to remit sales tax to the South Dakota Department of Revenue on sales of goods or services into the state. The “200 or more separate transaction” test has been eliminated by SB30. The “exceeds one hundred thousand dollars” threshold is now the sole test.
We suggest discussing the impact of the legislation, if any, on your business with your tax advisor.