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You have no choice but to request reinstatement from the South Dakota Department of Revenue. A business must have a tax license to operate legally in South Dakota. If you operate a business, and fail to get the proper sales tax license, or if you continue to engage in business after the Secretary of Revenue has revoked your tax license, it is a Class 6 felony.
You must contact the Secretary of Revenue's office, and request reinstatement. Before they even consider reinstatement, you must file all missing tax returns. Penalties for late filing are 10% of the tax due. Interest is charged at 1.25% per month.
You can contact the Department of Revenue to inquire about reinstatement by sending an email to [email protected]. You might consider contacting a tax attorney in your area to assist you with the reinstatement process, and to try to minimize the penalties on the late filed tax returns.
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I can clear up the late returns. Would there be a possibility that they would deny my request? I have had troubles with the filing on time in the past. Thank you.
They can always deny an application. That would require you to do some creative tax planning. Perhaps bring a partner in to apply for the permit, or perhaps they may make you leave a deposit on account, or prepay your taxes. In that way they will always have their money ahead of time. You may have to convince them that you have "turned over a new leaf" so to speak.
So yes, they may deny you. However, you never know what they will say without asking first. So you need to take that first step and get an attorney to get your account cleaned up, then send an email requesting that the reinstatement process be started.
You have no choice. Without a permit, you are risking jail time. A felony is nothing to toy with!
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