South Dakota sales tax guide for SaaS businesses

Is SaaS taxable in South Dakota?

South Dakota taxes SaaS and most digital products and services. South Dakota is one of the few states that also taxes a wide variety of people services, including professional services and training.

It’s important for businesses providing SaaS in the state to understand the specific tax laws and exemptions that apply to their product in order to properly collect and remit sales tax.

How to determine if your product is taxable in South Dakota

When deciphering if your software or digital product is taxable in South Dakota, there are a few factors to be taken into consideration. First, you must accurately classify your product under South Dakota law. It can be helpful to consult a tax professional to ensure that you’re properly identifying whether your product is taxable in the state.

Even if your SaaS product is deemed taxable in South Dakota, you are only obligated to collect sales tax if your business has sales tax nexus in the state. Nexus, simply put, refers to the connection your business has with the state in which it operates.

Here are a few examples of activities that may create a sales tax nexus in South Dakota:

• Physical presence: Having an office, warehouse, or retail location in the state constitutes a nexus.
• Employees: If your business employs individuals who work and reside in South Dakota, this may establish a nexus.
• Economic nexus: If your business reaches a certain threshold of sales ($100,000) in South Dakota, this may result in an economic nexus.

It is crucial for businesses to understand their nexus status in South Dakota, as this will directly impact their tax obligations in the state. 

Sales tax compliance in South Dakota

After assessing whether your SaaS product is taxable and identifying your nexus status in South Dakota, the next step is ensuring your business remains compliant with state sales tax regulations. Some essential practices for sales tax compliance include:

• Register for a sales tax permit: All businesses with nexus in South Dakota must register for a sales tax permit.
• Collect sales tax: Once you have your sales tax permit, you need to collect the appropriate amount of sales tax on taxable transactions, including any taxable SaaS products and digital goods.
• File sales tax returns: Businesses must file periodic sales tax returns, typically on a monthly, quarterly, or annual basis, depending on the sales volume. When filing the return, you need to report the total sales and taxable sales, as well as the sales tax collected during the reporting period.
• Remit collected sales tax: Along with filing your sales tax return, you must also remit the collected sales tax to the jurisdiction. Failure to do so could result in penalties and interest charges.

As a business owner, it is crucial to stay current with the latest developments in sales tax regulations, especially regarding SaaS and digital products. Consulting with a tax professional and making a conscious effort to comply with state tax laws will ensure your business thrives in an ever-evolving tax landscape.