99 chapters · 2,188 sections in this title.
SDCL § 10-46-61 Repealed by SL 2001, ch 56 , § 16
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10-46-62 Gross receipts from charge of interest exempted. 10-46-63 Exemption for use of certain rodeo services. 10-46-64 Exemption of repair shops, locksmiths, locksmith shops, and lock parts. 10-46-65 Exemptions. 10-46-66 Retail sales include auctions, consignments, products tra…
SDCL § 10-46-62 Gross receipts from charge of interest exempted
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There are exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, the gross receipts from the charge of interest as defined in §
SDCL § 10-46-63 Exemption for use of certain rodeo services
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There are exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, the use of services provided by promoters, stock contractors, stock handlers, announcers, judges, and clowns. Source: SL 1996, ch 85 , § 2.
SDCL § 10-46-64 Exemption of repair shops, locksmiths, locksmith shops, and lock parts
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The following services enumerated in the Standard Industrial Classification Manual of 1987 as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President, are subject to the tax levied by this chapter: repair shops and related servi…
SDCL § 10-46-65 Exemptions
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There are hereby exempted from the provisions of this chapter and the computation of the tax imposed by it, the use of United States postage. Source: SL 1998, ch 69 , § 2.
SDCL § 10-46-66 Retail sales include auctions, consignments, products transferred electronically, and services--Responsibilities of auction clerk and auctioneer
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All auction sales and consignment sales of tangible personal property, any product transferred electronically, and services are sales at retail. The auction clerk shall file the return and remit the tax imposed by this chapter on the gross receipts from each auction after applyin…
SDCL § 10-46-67 Department authorized to issue direct payment permits to certain retailers--Application procedure--Direct payment permit defined--Liability for sales tax on sale to permit holder--Promulgation of rules
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The secretary of revenue may authorize a retailer to use a direct payment permit if the retailer purchases goods or services subject to the tax imposed by chapter 10-45 . Applicants for a direct payment permit shall apply in writing to the secretary. A retailer may appeal the den…
SDCL § 10-46-68 Exemption for lodging house or hotel membership fees
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There are hereby exempted from the provisions of this chapter and the computation of the tax imposed by it, gross receipts from membership fees paid to any lodging house and hotel membership organization operated for the benefit of its members. However, this exemption does not ap…
SDCL § 10-46-69 Tax on use of certain mobile telecommunications services
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There is hereby imposed a tax of four and two-tenths percent upon the privilege of the use of mobile telecommunications services, as defined in 4 U.S.C. § 124(7) as of January 1, 2002, that originate and terminate in the same state and are billed to a customer with a place of pri…
SDCL § 10-46-69.1 Tax on use of certain mobile telecommunications services
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Except as provided in § 10-46-69 , there is hereby imposed a tax of four and two-tenths percent upon the privilege of the use of any intrastate, interstate, or international telecommunications service that originates or terminates in this state and that is billed or charged to a …
SDCL § 10-46-69.2 Tax on ancillary services
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There is hereby imposed a tax of four and two-tenths percent upon the privilege of the use of any ancillary services. Source: SL 2009, ch 47 , § 8; SL 2016, ch 65 , § 14, eff. June 1, 2016; SL 2023, ch 32 , § 14. Effective July 1, 2027
SDCL § 10-46-7 Constitutional exemptions from tax--Property of public agencies
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Tangible personal property and any product transferred electronically, the storage, use, or other consumption of which this state is prohibited from taxing under the Constitution or laws of the United States of America or under the Constitution of this state, or tangible personal…
SDCL § 10-46-7.1 Repealed by SL 1995, ch 68 , § 30
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10-46-8 Exemption of property brought in for personal use of nonresident. 10-46-9 Exemption of raw material, parts and newsprint for manufacture of products to be sold at retail. 10-46-9.1 Ink and newsprint used to produce shoppers' guides exempt--Shoppers' guides defined. 10-46-…
SDCL § 10-46-70 Exemption of receipts received by the state and political subdivisions from management services provided to nonprofit entity
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There are hereby exempted from the provisions of this chapter and the computation of the tax imposed by it, the gross receipts received by the State of South Dakota and any of its political subdivisions including multi-county planning and development districts, established pursua…
SDCL § 10-46-71 Exemption for sale of coins, currency, or bullion
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There are hereby specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, gross receipts from the sale of coins, currency, or bullion. For the purposes of this section, the term, bullion, means any bar, ingot, or comme…
SDCL § 10-46-72 Relief from liability for failing to report tax at new rate--Conditions
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A retailer is relieved of any liability for failing to report a tax pursuant to this chapter at the new effective rate if the state fails to provide a period of at least thirty days between enactment of the statute providing for a rate change and the effective date of the rate ch…
SDCL § 10-46-73 Exemption for nonprofit corporations created for fire protection
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There are hereby specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, the purchases of tangible personal property, any product transferred electronically, and services by any nonprofit corporation created for the p…
SDCL § 10-46-74 Exemption--Coaches
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There are hereby specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, the gross receipts for coaching services performed for youth or amateur sports when the gross receipts for the coaching services total less than…
SDCL § 10-46-75 Exemption--Certain services rendered to a partnership
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The following are exempt from the provisions of this chapter and from the computation of tax imposed by this chapter: (1) Gross receipts from services rendered by a natural person to a business taxed as a partnership in which the natural person is an owner; (2) Gross receipts fro…
SDCL § 10-46-8 Exemption of property brought in for personal use of nonresident
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The use in this state of all articles of tangible personal property and any product transferred electronically brought into the State of South Dakota by a nonresident individual thereof for his or her personal use or enjoyment while within the state, is hereby specifically exempt…
SDCL § 10-46-9 Exemption of raw material, parts and newsprint for manufacture of products to be sold at retail
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The use in this state of tangible personal property including containers, labels and shipping case thereof which is intended shall, by means of fabrication, compounding or manufacture become a part of other tangible personal property intended to be sold ultimately at retail withi…
SDCL § 10-46-9.1 Ink and newsprint used to produce shoppers' guides exempt--Shoppers' guides defined
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Ink and newsprint when used in the production of shoppers' guides are hereby exempt from the tax imposed under this chapter. For the purposes of this section the term, shoppers' guide, includes advertising publications whose advertisements are solicited from the general public an…
SDCL § 10-46-9.2 Brokers' and agents' services exempt from tax
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The tax imposed by this chapter shall not apply to services of brokers and agents licensed under Title 47. Source: SL 1979, ch 306 , § 3.
SDCL § 10-46-9.3 Packaging and container materials as tax exempt raw material
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Containers, labels, cartons, packing cases, wrapping paper, twine, glue, bags, bottles, shipping cases, wrapping film, strapping, rope, tape, cans, lids, boxes, pads, dividers, stockinettes, casings, and similar articles and receptacles used or consumed by manufacturers, processo…
SDCL § 10-46-9.4 Packaging and container materials sold to retailers exempt
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There are specifically exempted from the provisions of this chapter, and from the computation of tax imposed by it, gross receipts from the sale of paper and plastic bags, wrapping paper, twine, tape, and similar articles sold to retailers licensed under this chapter if the retai…
SDCL § 10-46-9.5 Exemption of certain sales commissions
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Unless otherwise specifically subject to tax, the gross receipts resulting from fees or commissions received for rendering a service which provides for the sale of tangible personal property, any product transferred electronically, or services is exempt from the tax imposed by th…
SDCL § 10-46-9.6 Exemption of gross receipts from sale of certain replacement parts
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There are exempted from the provisions of this chapter and from the computation of the tax imposed by it, the gross receipts from the sale of replacement parts that are sold to retailers and which will be installed in tangible personal property that will ultimately be for resale.…
This definition also applies to chapter 10-45 ; (5) "Food" and "food ingredient," any substance, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion or chewing by humans and is consumed for its taste or nutritional value
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The term, food, does not include alcoholic beverages, tobacco, or prepared food; (6) "Included in the measure of tax," the tangible personal property, any product transferred electronically, or the service was purchased from a retailer licensed under chapter 10-45 and that retail…