South Dakota Administrative Rules — Title 64 (Revenue)
ARSD § 64:06:01:25
Interstate sales -- Originating in other states
Sales tax liability is incurred when a sale at retail is made for use or consumption in this state. Sales tax must be paid even though the property sold is transported directly to the buyer from a point outside this state if the seller is engaged in the business of selling tangible personal property in this state and if possession of the property is transferred to a buyer residing or located in this state.
The purchase or contract may either precede or follow the interstate shipment. Sales tax applies to the transaction whether the shipment is made free on board (f.o.b.), point of origin or f.o.b.
destination and no matter how the goods are transported.
All retailers doing business in this state and maintaining a business office in this state or maintaining agents or solicitors or doing business through independent order takers are subject to the retail sales tax on all sales of merchandise at retail when such sales are made for use and consumption in this state. Contracts or agreements purporting to require shipment of the property outside of South Dakota do not exempt sellers if the tax would otherwise apply. Sales tax applies regardless of whether the sales are made through solicitation, direct mail, or catalogs.
Source: view the official text
In this chapter (40 sections)
- 64:06:01:05 · Change in ownership
- 64:06:01:06 · Casual or occasional sales
- 64:06:01:07 · Issuance and use of permits restricted
- 64:06:01:08 · Exemption certificates
- 64:06:01:09 · Conditional sales contracts -- Assigned and repossessed…
- 64:06:01:10 · Consignment sales
- 64:06:01:11 · Repealed
- 64:06:01:12 · Defective merchandise
- 64:06:01:13 · Religious educational institutions
- 64:06:01:14 · Repealed
- 64:06:01:15 · Exemption certificates
- 64:06:01:16 · Repealed
- 64:06:01:17 · Federal corporations, sales to
- 64:06:01:18 · Repealed
- 64:06:01:19 · Fire and ambulance departments
- 64:06:01:20 · Forms
- 64:06:01:21 · Certain organizations not exempt from sales or use tax
- 64:06:01:22 · Repealed
- 64:06:01:23 · Intrastate sales -- Sale and delivery in South Dakota
- 64:06:01:24 · Interstate sales -- Originating in South Dakota
- 64:06:01:25 · Interstate sales -- Originating in other states
- 64:06:01:26 · Repealed
- 64:06:01:27 · Repealed
- 64:06:01:28 · Repealed
- 64:06:01:29 · Municipal tax -- Administration and reporting
- 64:06:01:30 · Municipal tax -- No special permit required
- 64:06:01:31 · Municipal tax -- Credit for tax previously paid
- 64:06:01:32 · Repealed
- 64:06:01:33 · Permit for each place of business in state
- 64:06:01:34 · Credit for tax previously paid
- 64:06:01:35 · Required records for sales, rentals, and leases
- 64:06:01:36 · Repealed
- 64:06:01:37 · Refunds to consumers
- 64:06:01:38 · Relief agencies
- 64:06:01:39 · Return of tax reports and telecommunications access fees
- 64:06:01:40 · Preparation of return
- 64:06:01:41 · Returned merchandise
- 64:06:01:42 · Representing out of state dealers -- Extra permits
- 64:06:01:43 · Sales by loan or finance companies
- 64:06:01:44 · Sale of business permit not transferable