South Dakota Sales Tax Guide
Chapter 2: How to determine if you have sales tax nexus in South Dakota
The need to collect sales tax in South Dakota is predicated upon having a physical connection with the state. This is a concept known as nexus. Nexus is a latin word that means "to bind or tie" and it stands as the deciding factor for whether the South Dakota Department of Revenue has the legal authority to require your business to collect, file, and remit sales tax. The two main principles most closely linked to nexus and taxes (especially multistate sales tax) are the Due Process Clause of the 14th Amendment to the U.S. Constitution and the Commerce Clause, Article 1, Section 8 of the U.S. Constitution.What activities or situations may trigger nexus in South Dakota?
Sales tax nexus in South Dakota can be triggered by a number of factors. The most common include having a physical location (office, warehouse, plant, etc.) within the state, having employees within the state, or conducting marketing activities within the state.
More recently, internet commerce has sparked debate over what activities can trigger nexus and where sales tax should be collected. For example, Fulfillment by Amazon merchants may find their products stored in Amazon warehouses across the country. This presence of physical goods in a state may trigger nexus and expands the complexity of managing sales tax compliance.Does Amazon have Fulfillment Centers in South Dakota?
At this time, there are no active Fulfillment by Amazon (FBA) warehouses in South Dakota.Does South Dakota have click-through nexus?
Click-through nexus in South Dakota constitutes a situation in which a seller outside South Dakota makes a sale to a resident of the state that is initiated through online contact with a 3rd party. Working with an affiliate marketer is a common example of a way in which click-through nexus may be triggered.
At this time, the South Dakota Department of Revenue has not enacted a click-through nexus law.