PIERRE, SD- South Dakota Attorney General Marty Jackley has petitioned the U.S. Supreme Court to review whether retailers can be required to collect sales taxes in states where they don’t have a physical presence. President of the SD Retailers Assn. Gary Cammack says this question began around 80 years ago with catalog sales.
Cammack says if the internet seller doesn’t pay the sales tax, the person who bought the item is supposed to pay a use tax.
Cammack says most consumers don’t know they are supposed to pay the use tax.
The South Dakota Legislature passed the law requiring collection of the sales tax in 2016. The law was struck down this summer (2017) by the state Supreme Court due to precedent. The state had welcomed the defeat so it could try to get the U.S. Supreme Court to take up the case.