South Dakota Finalizes Wayfair Settlement Agreement

Friday, November 9th, 2018

 
 
Remote seller preparing package for shipping.
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South Dakota
General

South Dakota has settled the Wayfair case. The landmark Supreme Court decision in South Dakota v. Wayfair began as a challenge by several companies to the state's economic nexus law. That law says out-of-state sellers without a physical presence in the state must collect sales and use tax when they make a certain amount of sales into the state (i.e., $100,000 or 200 or more separate transactions).

The United States Supreme Court held the law was constitutional, and it remanded the case to the South Dakota State Circuit Court for procedural purposes. The state case has reached a settlement agreement that requires the parties to the lawsuit to collect sales and use tax in South Dakota beginning January 1, 2019. The parties to the lawsuit were Wayfair, Overstock, and Newegg. Other remote sellers became subject to the economic nexus law on November 1, 2018.

https://www.ttrus.com/SouthDakotaFinalizesWayfairSettlementAgreement


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TTR has a website that companies subscribe to and use daily. This website provides a list of everything that can be bought or sold in the U.S. It provides simple answers to whether buying or selling these items is taxable (subject to a sales tax or other tax), and it provides all the legal authority to support these tax answers.

TTR likes to keep things simple and fun, which is why it has great people who provide help to clients on any support questions they have about transaction tax issues.

Please visit TTR on the web at www.ttrus.com or call 866.578.8193.

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