Amends and adds to existing law to define terms and to provide for the powers and duties of remote retailers and marketplace facilitators regarding the collection of the state sales tax.

This legislation directs internet retailers and marketplace facilitators to collect and remit sales and use tax to the State Tax Commission in response to the South Dakota v. Wayfair United States Supreme Court ruling. The Supreme Court found South Dakota's law is no burden to interstate commerce because the law set a threshold of annual sales for internet retailers and marketplace facilitators at $100,000; there is no obligation to remit sales tax retroactively; and there is a standardized way to reduce administrative and compliance costs. This legislation uses the same threshold as South Dakota for annual sales to begin collecting and remitting sales and use tax. Additionally, there is no obligation to remit sales tax retroactively; rather, it has a look-back provision to see if the company met the threshold for annual sales but will begin remitting once the legislation becomes law. Finally, this bill meets the test determined by the Wayfair ruling of submitting sales and use tax to one agency, thereby reducing administrative costs.