North America
November 5, 2020
What is the South Dakota Economic Nexus Threshold?
South Dakota helped create a new standard for economic nexus threshold with the groundbreaking South Dakota v. Wayfair, Inc. decision.

Bradley Feimer

Author

Sovos

This blog was last updated on July 19, 2024

This blog was last updated on July 18, 2024.

South Dakota helped create a new standard for economic nexus threshold with the groundbreaking South Dakota v. Wayfair, Inc. decision. Following that case, almost the entire country has followed suit and worked on adjusting how they collect and remit sales tax. Not every state or territory has completely mimicked South Dakota, and remote sellers in other areas will need to stay current on other requirements. But the South Dakota economic nexus threshold is definitely a common blueprint, which we have outlined below.

Enforcement date:
November 1, 2018.

Sales/transactions threshold:
$100,000

Measurement period:
Threshold applies to the previous or current calendar year.

Included transactions/sales:
The selling, renting, or leasing products or services (including products delivered electronically) into the state.

When You Need to Register Once You Exceed the Threshold:
Next transaction if in the current year, or if met in the previous year, by the following calendar year.

Summary: Remote sellers are required to collect South Dakota sales tax if their gross revenue from sales, rents or leases into South Dakota exceeds $100,000 in the current or previous calendar year. Similarly, marketplace facilitators must collect South Dakota sales tax if their gross revenue from sales, rents or leases into South Dakota exceeds $100,000 in the current or previous calendar year.

Any business with a physical presence in South Dakota, regardless of the number of transactions or gross revenue is required to hold a sales tax license, collect sales tax and file a return. Businesses that obtain a license will be notified of their filing frequency by the South Dakota of Revenue.

South Dakota Sales Tax Resources: Reach out to our team to see how the South Dakota economic nexus threshold impacts your business. Also, be sure to visit our interactive sales tax nexus map for the latest news on how other states are adjusting.

 

Bradley Feimer
Bradley Feimer is Regulatory Counsel at Sovos. Within Sovos's Regulatory Analysis function, Bradley focuses on domestic sales tax, international Value Added Tax, and Global Sales Tax. Bradley received a B.A. in English from The Ohio State University and J.D. at Suffolk University Law School. Bradley is a member of the Massachusetts Bar.
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