Credit card processing and merchant services in South Dakota
South Dakota's consumer protection office still describes surcharges under the 2013 settlement terms. Here's how those compare with today's card network caps, plus the 4.2% sales tax.
Card surcharges
Surcharging allowedNo South Dakota statute caps surcharges; network caps apply, and Visa's 3% is lower than the 4% in the state's consumer guidance.
Sales tax
4.2% state rate, plus municipal
Last checked
October 6, 2026
South Dakota has no surcharge statute, but its Consumer Protection office publishes guidance on surcharges, and it's worth reading closely. The page describes the 2013 court settlement between retailers and the card industry. Under it, a surcharge can't exceed what the merchant actually pays to accept credit cards, and it applies to credit cards only, not debit or prepaid. The disclosure has to give the amount, say that the merchant is charging it and say that it doesn't exceed the merchant's cost, and the dollar amount has to appear on the receipt.
One figure on that page needs an update. It says a surcharge can add as much as 4% to a credit card purchase, the maximum allowed. Mastercard's cap is still 4%, but Visa's is now 3% or your cost, whichever is lower, so a 4% surcharge on a Visa card breaks Visa's rules regardless of what the state page says. Plan around 3% if you take Visa.
Sales tax starts at 4.2%, the state sales and use tax rate. South Dakota municipalities may impose a municipal sales tax, a use tax and a gross receipts tax, so a business inside city limits can owe more than the state rate. Check your city before setting up a terminal, and check again if you open a second location.
Clearo's pricing is interchange-plus, month to month, and every account has a dedicated rep. If you decide to surcharge, our surcharging program builds in the disclosures, and a free statement review can show whether you need one at all.
What South Dakota merchants should know
Credit card surcharges in South Dakota
We found no South Dakota statute that bans or caps credit card surcharges, and NCSL's table lists none for the state. South Dakota Consumer Protection's guidance describes the 2013 settlement terms: a surcharge can't exceed what the merchant pays to accept credit cards, it applies to credit cards only, the disclosure must state the amount, that the merchant is charging it and that it doesn't exceed the merchant's cost, and the dollar amount must appear on the receipt.
The guidance mentions surcharges of up to 4%. Visa's current cap is the lower of your merchant discount rate or 3%, with 30 days' written notice to your acquirer; Mastercard's is the lower of your average effective rate or 4%.
Sources: NCSL, Credit or debit card surcharges statutes (table updated October 13, 2016); South Dakota Consumer Protection, Credit, debit and ATM cards; Visa, U.S. Merchant Surcharge Q and A; Mastercard, Credit card surcharge rules and fees for merchants
South Dakota sales tax and municipal taxes
The South Dakota state sales and use tax rate is 4.2%. Municipalities may impose a municipal sales tax, use tax and gross receipts tax, so the total for a location inside city limits can be higher than the state rate.
Sources: South Dakota Department of Revenue, Sales and use tax (businesses); South Dakota Department of Revenue, Sales and use tax (municipal taxes)
Cities we cover in South Dakota
Payment services we provide
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Common questions
Does South Dakota have a law on credit card surcharges?
We found no statute, and NCSL's table lists none. South Dakota Consumer Protection does publish guidance describing the 2013 settlement terms: surcharges only on credit cards, no more than the merchant's cost of acceptance, a disclosure stating the amount, and the dollar amount on the receipt.
Can I charge a 4% surcharge in South Dakota?
Not on Visa cards. The state's consumer guidance mentions surcharges of up to 4%, but Visa's current cap is 3% or your cost, whichever is lower. Mastercard allows up to 4%, still limited to your cost, and neither network allows a surcharge on debit or prepaid cards.
What is South Dakota's sales tax rate?
The state sales and use tax rate is 4.2%, according to the Department of Revenue. City taxes come on top where a municipality has adopted them, so treat 4.2% as the minimum for a location, not necessarily the total.
Do South Dakota cities charge their own taxes?
They can. The Department of Revenue says South Dakota municipalities may impose a municipal sales tax, a use tax and a gross receipts tax. Ask your city which ones apply to your business, and set each one up on your POS terminals before your first sale.
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Disclaimer: general information, not professional advice
This page is general educational information, not legal, tax, accounting or financial advice. Rules and rates vary by place and change, so confirm them with the official source and a qualified professional before you act. Full terms are in our Terms of Service.
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