64:06:01:39.03.  Return and remittance -- Streamline volunteer registrations. Any seller that is registered under the Streamline agreement, which does not have a legal requirement to register in the member state, and is not a Model 1, 2, or 3 seller as defined below, shall submit its sales and use tax returns as follows:

          (1)  Upon registration, a member state shall provide to the seller the returns required by that state; and

          (2)  The seller must file a return each month unless the state allows less frequent filing.

          A Model 1 seller is a seller that has selected a certified service provider, as defined in SDCL subdivision 10-45C-1(c), as its agent to perform all of the seller's sales and use tax functions, other than the seller's obligation to remit tax on its own purchases.

          A Model 2 seller is a seller that has selected a certified automated system, as defined in SDCL subdivision 10-45C-1(c), to perform part of its sales and use tax functions, but retains responsibility for remitting tax.

          A Model 3 seller is a seller that has sales in at least five member states, has total annual sales revenues of at least five hundred million dollars, has a proprietary system that calculates the amount of tax due in each jurisdiction, and has entered into a performance agreement with the member states that establishes a tax performance standard for the seller. As used in this definition, a seller includes an affiliated group of sellers using the same proprietary system.

          Source: 31 SDR 214, effective July 6, 2005; 32 SDR 225, effective July 3, 2006; 33 SDR 226, effective June 27, 2007; 38 SDR 214, effective June 21, 2012.

          General Authority: SDCL 10-45-47.1(2).

          Law Implemented: SDCL 10-45-27.3.