Internet Sales Tax Fairness – State Purchasing Provision – South Dakota

Date: 2 Dec 2004 | posted in: Retail | 0 Facebooktwittergoogle_plusredditpinterestmail

Two states — North Carolina and South Dakota — have enacted laws that require the state to purchase goods and services only from companies that collect sales tax on all sales in the state. This is an option that may be available to local governments, as well.



ENTITLED, An Act to  restrict public corporations from making purchases from any retailer that fails to collect and remit sales and use taxes.
Section  1.  That chapter 5-18 be amended by adding thereto a NEW SECTION to read as follows:
No public corporation may purchase any goods or services from any retailer that meets the definition of a retailer or a retailer maintaining a place of business in the state, pursuant to subdivisions 10-46-1(8) and (9), if the retailer or any affiliate of the retailer fails or refuses to collect and remit the sales and use tax on any sale delivered by any means to a location within this state. The Department of Revenue shall provide a list to public corporations of any retailer that fails to collect and remit the sales and use tax. For the purposes of this section, the term, affiliate, is any person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. No public corporation is liable for the breach of any duty required of the public corporation by the provisions of this Act if the breach, error, act, or omission is made in good faith. The provisions of this Act do not apply to any emergency purchase made pursuant to § 5- 18-3.1, or to any purchase made pursuant to § 5-18-18.1, 5-18-18.2, or 5-18-9.4, or to any contract for the construction of a new building or the remodeling or addition to an existing building or a contract for any other public improvement which involves the expenditure of twenty-five thousand dollars or more made pursuant to § 5-18-3



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Stacy Mitchell

Stacy Mitchell is co-director of the Institute for Local Self-Reliance, and directs its Independent Business Initiative, which partners with a wide range of allies to implement policies that counter concentrated power and strengthen local economies.