South Dakota Sales Tax Guide
Chapter 3: Getting registered to collect South Dakota sales tax
The first step toward proper management of South Dakota sales tax involves getting registered with the South Dakota Department of Revenue. We get a lot of questions regarding this and recognize it may be the most difficult hurdle for small businesses to overcome. Registering to collect sales tax in South Dakota means you've acknowledged your legal responsibility to collect and consequently file and remit sales tax to the state.When do I need to register to collect sales tax in South Dakota?
There are two ways to think about this question. The first involves a topic called "nexus". Nexus, in the tax world refers to a company's connection to a state. While this connection is typically that of a physical nature (warehouse in the South Dakota, inventory in South Dakota, etc.), nexus is not limited to a physical presence. There are many nexus triggers we won't delve into here and, more importantly, nexus is often determined by a combination of events rather than a single event.
If it is determined you have nexus in South Dakota, the South Dakota Department of Revenue has the legal right to require you to collect, file, and pay sales tax.
If you've determined you have nexus in South Dakota, the second question involves a topic we call "materiality". In short, you'll want to ask yourself whether the amount of sales tax you are required to collect and remit to the South Dakota Department of Revenue is enough to put you at an unacceptable level of penalty and interest risk. As everyone's level of risk tolerance is different, this is a question that can only be answered by you, the business owner.
Prior to selling taxable goods or offering taxable services in South Dakota, a business that has established nexus within the state is required to register for an Sales Tax License.What triggers nexus in South Dakota?
Nexus is a complex topic that, depending on your situation, may require the in-depth knowledge of a qualified tax professional. That being said, there are a few common business events and situations that are known to trigger nexus in South Dakota. The most common include the following:
- Opening an office in South Dakota
- Storing inventory in a warehouse in South Dakota
- Having remote employees located in South Dakota
Businesses may register for an South Dakota Sales Tax License online by visiting the South Dakota Department of Revenue and following the instructions provided.
At this time, South Dakota does not allow businesses to register for a Sales Tax License via paper application. You'll need to visit the South Dakota Department of Revenue and complete your registration online.What information is required to register for a South Dakota Sales Tax License ?
When applying for a South Dakota Sales Tax License, there are a number of pieces of information that may be required. These include, but are likely not limited to:
- Business name
- Business entity type
- Description of business activities
- Date business activities began or will begin
- Business address and mailing address
- Business contact information
- The North American Industry Classification System (NAICS) code that best matches your business
- Federal Employer Identification Number (FEIN)
- Your name, Social Security Number (SSN), driver license number, personal address, and personal contact information of owner/sole proprietor
- List of business officers, partners, managing members, and/or trustees
- Employment information (date of hire, number of employees, payroll amounts, payroll agent’s PTIN, if applicable)
The cost to register for a South Dakota Sales Tax License is currently $0.Do I need a Federal EIN in order to register in South Dakota?
The South Dakota Department of Revenue requires businesses requesting a new Sales Tax License to supply a valid Federal EIN number during the initial registration process. You can apply for an EIN number online by visiting the IRS website.Which South Dakota governement agencies do I need to register with in order to get a new Sales Tax License?
We recommend you contact the South Dakota Department of Revenue to verify which government agencies you will be required to register with. Potential agencies include the following:
- South Dakota Department of Revenue
- South Dakota State Employment Agency
- South Dakota State Department of Labor
- South Dakota Local Tax Jurisdictions
Yes! South Dakota Sales Tax License registration is unique to the state of a business. The South Dakota Department of Revenue requires all registered businesses to have current business owner name and contact information on file.