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 exceed five percent of the total sales tax due on all sales into this state that are facilitated by a marketplace provider for marketplace sellers in a calendar year.
The provisions of this section do not apply to any sales where the marketplace provider is affiliated with the marketplace seller. A marketplace provider and a marketplace seller are affiliated if:
(1)Either owns more than five percent of the other; or
(2)Both are subject to the control of a common entity that owns more than five percent of each.
This section is repealed on June 30, 2024.
Source: SL 2018 (SS), ch 3, §7, eff. Dec. 12, 2018.
Structure South Dakota Codified Laws
Chapter 65 - Collection And Remittance Of Taxes By Marketplace Providers
Section 10-65-1 - Definitions.
Section 10-65-2 - Marketplace defined.
Section 10-65-3 - Marketplace provider defined.
Section 10-65-4 - Marketplace seller defined.
Section 10-65-5 - Certain marketplace providers required to collect and remit sales tax_Criteria.
Section 10-65-6 - Sale for resale.
Section 10-65-7 - Failure to collect or remit sales tax_Relief from liability.
Section 10-65-8 - Prospective obligation of marketplace provider to collect or remit tax .