Notwithstanding § 64:06:01:63, a purchaser of direct mail that is not a holder of a direct pay permit may provide to the seller in conjunction with the purchase an exemption certificate claiming direct mail.

1. (1) Advertising and promotional direct mail. The purchaser may provide information to show each jurisdiction to which the advertising and promotional direct mail shall be delivered to the recipients. Upon receipt of the delivery information, the seller shall collect the tax according to the delivery information provided by the purchaser. In the absence of the intent to evade tax, the seller is relieved of any further obligation to collect tax on any transaction where the seller has collected tax pursuant to the delivery information provided by the purchaser. If the purchaser of advertising and promotional direct mail does not provide the seller with delivery information, the seller shall collect the tax according to subdivision 64:06:01:63(5); or

2. (2) Other direct mail. The seller shall collect the tax according to subdivision 64:06:01:63(3) which is sourced to the address for the purchaser in the business records of the seller.

   Nothing in this rule limits a purchaser's obligation for sales or use tax to any state to which the direct mail is delivered. The purchaser shall source the sale to the jurisdictions to which the direct mail is delivered to the recipients and must report any sales or use tax due.

Upon receipt of an exemption certificate claiming direct mail, the seller is relieved of all obligations to collect, pay, or remit the applicable tax and the purchaser is obligated to pay or remit the applicable tax on a direct pay basis. An exemption certificate claiming direct mail shall remain in effect for all future sales of direct mail by the seller to the purchaser until it is revoked in writing. A purchaser of direct mail that provides the seller with documentation of direct pay permit is not required to provide an exemption certificate claiming direct mail.

If the purchaser of direct mail does not provide the seller with documentation of a direct pay permit or an exemption certificate claiming direct mail, the transaction shall be sourced as either:

Source: 29 SDR 177, effective July 2, 2003; 31 SDR 214, effective July 6, 2005; 37 SDR 48, effective September 21, 2010.

General Authority: SDCL 10-45-108.

Law Implemented: SDCL 10-45-94.1 , 10-45-108.