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Do I need to collect sales tax when selling in South Dakota?

South Dakota has a 4.2% statewide sales tax, and municipalities may impose additional local sales taxes. If you sell taxable goods or services in South Dakota, you may be required to register, collect, and remit sales tax.

South Dakota is particularly important in sales tax law because the landmark South Dakota v. Wayfair Supreme Court decision paved the way for states to require remote sellers to collect sales tax based on economic activity rather than physical presence alone.

South Dakota Sales Tax at a Glance (2026)

TopicKey Information
State sales tax4.2% 
Local sales taxesUp to 2% general municipal tax 
Economic nexusMore than $100,000 in sales
Transaction threshold None for remote sellers 
Sales tax license required Yes
Filing deadline 20th of the following month 
RegistrationSouth Dakota Department of Revenue 

When Do You Have Sales Tax Nexus in South Dakota?

You generally have sales tax nexus if your business:

  • Has a storefront, office, warehouse, employees, or inventory in South Dakota.
  • Uses a third-party fulfillment center located in South Dakota.
  • Has more than $100,000 in gross sales into South Dakota during the current or previous calendar year.

If you meet these requirements, you’ll generally need to obtain a South Dakota sales tax license and begin collecting sales tax.

South Dakota vs. Wayfair

South Dakota has a unique place in modern sales tax law because of the 2018 South Dakota v. Wayfair, Inc. Supreme Court decision.

Before Wayfair, states generally couldn’t require an out-of-state seller to collect sales tax unless the seller had a physical presence in the state.  The Supreme Court overturned that standard and allowed states to establish economic nexus rules based on sales activity.

Following the decision, nearly every state with a sales tax adopted economic nexus requirements for remote sellers, fundamentally changing sales tax compliance for ecommerce businesses across the United States.

What Is Taxable in South Dakota?

South Dakota has a relatively broad sales tax base. Sales tax generally applies to retail sales of tangible personal property, electronically delivered products, and many services.

Taxable transactions can include:

  • Clothing
  • Electronics
  • Furniture
  • Appliances
  • Household goods
  • Digital products
  • Many services

This broad taxation of services is particularly important. Businesses shouldn’t assume a service is exempt simply because it would be exempt in another state.  Exemptions are available for certain transactions, including qualifying resale transactions and sales to certain exempt entities.

Businesses should review the tax treatment of their specific products and services before making sales.

How to Register for a South Dakota Sales Tax License

Businesses that establish nexus generally must obtain a South Dakota sales tax license.

Registration can be completed through the South Dakota Department of Revenue’s online Tax License Application.  The basic process includes:

  1. Complete the online Tax License Application.
  2. Provide your EIN and business information.
  3. Receive your South Dakota sales tax license.
  4. Begin collecting applicable sales tax.

South Dakota Sales Tax Rates

South Dakota’s state-wide Sales and Use Tax rate is 4.2%.

Municipalities may impose an additional general municipal sales tax of up to 2%, meaning the rate charged can vary depending on the location of the transaction.

Certain municipalities can also impose an additional 1% Municipal Gross Receipts Tax (MGRT) on specified activities, including:

  • Lodging
  • Eating establishments
  • Alcoholic beverages
  • Admissions
  • Certain amusement, athletic, and cultural events

Businesses can use the South Dakota Department of Revenue’s Sales Tax Rate Lookup to determine the applicable rate for a transaction.

Marketplace Facilitator Rules

Marketplace facilitators such as Amazon, Etsy, eBay and Walmart Marketplace generally collect and remit South Dakota sales tax on marketplace sales.Β  If you also sell through your own website or directly to customers, you’re responsible for collecting tax on those sales if you have nexus.

Filing Requirements

Businesses with a South Dakota sales tax license are assigned a filing frequency by the Department of Revenue.  Regardless of filing frequency, returns are generally due by the 20th of the month following the reporting period.

Your filing frequency is assigned when you register and is based on your expected sales tax liability and will either be:

  • Monthly
  • Quarterly
  • Annually

Electronic payments are generally due by the 25th of the month.  Businesses should follow the filing schedule assigned by the Department and file all required returns while their sales tax account remains active.

Returns can be filed through South Dakota’s online Filing & Tax Payment system.

Businesses that file late may face penalties and interest.  A return not received within 30 days following the month it was due can incur a 10% penalty, with a minimum penalty of $10. Interest also applies to unpaid tax.

South Dakota Sales Tax Compliance Checklist

  • Determine whether you have physical or economic nexus.
  • Monitor the $100,000 economic nexus threshold.
  • Obtain a South Dakota sales tax license when required.
  • Determine whether your products or services are taxable.
  • Collect the correct state and municipal sales tax rates.
  • Separate marketplace sales from direct sales.
  • File all required returns on time.
  • Maintain accurate sales and exemption records.

FAQs

What is the sales tax rate in South Dakota?

South Dakota has a 4.2% state-wide sales tax, with additional municipal taxes in some locations.

What is South Dakota’s economic nexus threshold?

Remote sellers generally establish nexus with more than $100,000 in gross sales into South Dakota.

Does South Dakota still have a 200-transaction threshold?

No, the 200-transaction threshold for remote sellers was eliminated in 2023.

Are services taxable in South Dakota?

Yes, South Dakota has a broad tax base, and many services are subject to sales tax.

Do marketplaces collect South Dakota sales tax?

Qualifying marketplace providers generally collect and remit sales tax on sales they facilitate.

Final Thoughts

South Dakota’s sales tax rules are particularly significant because the state’s Wayfair case helped establish the modern economic nexus system used across the country.  For businesses selling into South Dakota today, the key threshold is more than $100,000 in gross sales during the current or previous calendar year. Businesses with physical presence generally must register regardless of sales volume.

Understanding your nexus, applying the correct state and municipal rates, and filing returns on time will help keep your business compliant.

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Reuben Mattinson
CEO

A leading expert in US sales tax compliance. With extensive experience in multi-state tax regulations, he helps businesses navigate complex tax laws.

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