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Home » US Law » 2022 South Dakota Codified Laws » Title 10 - Taxation » Chapter 65 - Collection And Remittance Of Taxes By Marketplace Providers

Section 10-65-1 – Definitions.

10-65-1. Definitions. Terms used in this chapter mean: (1)”Person,” the same as the term is defined under §10-45-1; and (2)”Retailer,” the same as the term is defined under §10-45-1. Source: SL 2018 (SS), ch 3, §4, eff. Dec. 12, 2018.

Section 10-65-2 – Marketplace defined.

10-65-2. Marketplace defined. For the purposes of this chapter, a marketplace is any means by which any marketplace seller sells or offers for sale tangible personal property, products transferred electronically, or services for delivery into this state, regardless of whether the marketplace seller has a physical presence in this state. Source: SL 2018 (SS), ch […]

Section 10-65-3 – Marketplace provider defined.

10-65-3. Marketplace provider defined. For the purposes of this chapter, a marketplace provider is any person that facilitates a sale for a marketplace seller through a marketplace by: (1)Offering for sale by the marketplace seller, by any means, tangible personal property, products transferred electronically, or services for delivery into this state; and (2)Directly, or indirectly […]

Section 10-65-4 – Marketplace seller defined.

10-65-4. Marketplace seller defined. For the purposes of this chapter, a marketplace seller is a retailer that sells or offers for sale tangible personal property, products transferred electronically, or services for delivery into this state, through a marketplace that is owned, operated, or controlled by a marketplace provider. Source: SL 2018 (SS), ch 3, §3, […]

Section 10-65-6 – Sale for resale.

10-65-6. Sale for resale. A marketplace seller making a sale through a marketplace provider that is subject to the provisions of this chapter shall consider the sale as a sale for resale. Source: SL 2018 (SS), ch 3, §6, eff. Dec. 12, 2018.

Section 10-65-7 – Failure to collect or remit sales tax_Relief from liability.

10-65-7. Failure to collect or remit sales tax–Relief from liability. A marketplace provider that fails to collect or remit sales tax under §10-65-5 may be relieved of liability if the failure was due to incorrect or insufficient information provided to the marketplace provider by a marketplace seller. The relief provided by this section may not […]