2017 South Dakota Codified Laws
Title 10 - TAXATION
Chapter 64 - Collection of Sales Taxes From Out-of-State Sellers
§ 10-64-3 Declaratory judgment action against out-of-state seller required to collect and remit sales taxes.
10-64-3. Declaratory judgment action against out-of-state seller required to collect and remit sales taxes. Notwithstanding any other provision of law, and whether or not the state initiates an audit or other tax collection procedure, the state may bring a declaratory judgment action under chapter 21-24 in any circuit court against any person the state believes meets the criteria of § 10-64-2 to establish that the obligation to remit sales tax is applicable and valid under state and federal law. The circuit court shall act on this declaratory judgment action as expeditiously as possible and this action shall proceed with priority over any other action presenting the same question in any other venue.
In this action, the court shall presume that the matter may be fully resolved through a motion to dismiss or a motion for summary judgment. However, if these motions do not resolve the action, any discovery allowed by the court may not exceed the provisions of subdivisions 15-6-73(2) and (4).
The provisions of § 10-59-34, along with any other provisions authorizing attorney's fees, do not apply to any action brought pursuant to this chapter or any appeal from any action brought pursuant to this chapter.
Source: SL 2016, ch 70, § 2, eff. May 1, 2016.
