If Randy Schaefer finds some of the comments about his development in Madison's TIF District taxing, wait until he reads Senate Bill 42. Just a couple weeks after the South Dakota Supreme Court ruled that rental of self-storage units isn't subject to sales tax (and storage unit owners started seeing visions of tax refunds dancing in their heads), the Department of Revenue and Regulation has submitted legislation to abrogate that ruling and start make collecting 4% on storage unit rentals legit. And Pierre wants its money now: SB 42 declares an emergency and imposes the tax immediately upon passage.
Will that 4% tax kill a budding Madison business? Can Russ Olson ride to the rescue of free enterprise? I can't wait for the legislative session to start!
Charging sales tax on a service is nothing new. If you rent an apartment, there is no sales tax charged and some will make the argument that renting space in a storage unit is no different than renting space in an apartment complex (what if your apartment includes a garage unit?). Others will say that an off-site storage unit is a service that is provided, much like Mailboxes, Etc., which provides private mail service, and should be taxed accordingly. Of course, the Supreme Court decision will cause the State of South Dakota to refund those sales tax monies paid the past three years by storage unit owners, who then have to track down their tennants for tax relief. A goofy mess.
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