Online Retail Tax Law Developments in South Dakota, Colorado

There have been recent and important changes in two states to the sales/use tax laws covering online and mail-order retailers marketing into those states. First, South Dakota's legislature has passed and sent for signature SB 146, which requires all retailers that do not currently collect and remit sales taxes on purchases made by South Dakota residents to provide specific notices to those residents on and after the transaction. For online retailers, the notices (or links to them) are to be put on the transaction page, order confirmation and/or checkout page; catalog sellers need to put the notice on a supplemental page (with a specific reference on a product page) and the purchase confirmation document(s). There is also a prohibition on stating or implying that no tax is due on a purchase. This South Dakota bill is similar to an Oklahoma law passed last year (see our blog entry on that law). The Direct Marketing Association is urging a veto of this and another sales tax-related law, SB 147, which would disregard certain corporate structures in order to expand the number of companies required to collect and remit sales tax. In Colorado, the DMA has successfully obtained a preliminary injunction against enforcement of another, broader sales tax law impacting on online retailers, about which we also blogged last year. The attorneys of the interactive marketing practice of The Lustigman Firm will continue to follow and keep our clients and the overall community aware of these and other legislative developments regarding online and mail-order marketing.

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