reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 43 - Income Tax On Banks And Financial Corporations › Section 10-43-73 - Tax payment as condition precedent to doing business--Injunction against continuation in business by delinquent taxpayer.

10-43-73. Tax payment as condition precedent to doing business--Injunction against continuation in business by delinquent taxpayer.
The payment of the tax levied by this chapter is, in addition to all other licenses and taxes imposed by the laws of this state, a condition precedent to the engaging or continuing to engage in a business or occupation within this state. Default in the payment of taxes as provided in this chapter constitutes cause for injunction in any court of competent jurisdiction upon application of the secretary of revenue for an order and judgment restraining and enjoining any delinquent taxpayer from engaging or continuing to engage in an occupation or business within this state.
Source:
SDC 1939, §57.2904; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2008, ch 37, §115; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 43 - Income Tax On Banks And Financial Corporations › Section 10-43-76 - Percentage of proceeds retained by state--Payment of remainder to counties--Branch office remittances kept separate.

10-43-76. Percentage of proceeds retained by state--Payment of remainder to counties--Branch office remittances kept separate.
Upon the receipt of the funds referred to in this chapter, the secretary of revenue shall deposit ninety-five percent of the taxes paid by credit card banks and twenty-six and two-thirds percent of all other revenue to the general fund. The secretary of revenue shall remit the remainder, on or before February first of each year, to the county treasurer of the county wherein is situated the bank or financial institution remitting the tax. However, the remittance of tax from all branch banks, branch offices, or branches of other financial institutions subject to this tax shall be separated from the remittance of the parent bank or financial institution and shall be remitted to the county treasurer of the county in which the branch bank, branch office, or financial institution is located.
Source:
SL 1957, ch 468; SDC Supp 1960, §57.30A11; SL 1969, ch 266, §2; SL 1979, ch 82, §2; SL 1983, ch 80, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2005, ch 67, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2013, ch 53, §2.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 43 - Income Tax On Banks And Financial Corporations › Section 10-43-77 - Apportionment of funds among taxing subdivisions.

10-43-77. Apportionment of funds among taxing subdivisions.
The county treasurer upon receipt of the funds, remitted to the county pursuant to §10-43-76, shall apportion and distribute the funds between the taxing subdivisions in the same proportion as the real property taxes levied in each taxing subdivision in the previous year as determined and certified by the secretary of revenue.
Source:
SL 1957, ch 468; SDC Supp 1960, §57.30A11; SL 1978, ch 72, §5; SL 1991, ch 99; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2005, ch 68, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2016, ch 62, §28.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 43 - Income Tax On Banks And Financial Corporations › Section 10-43-88 - Financial institution authorized to engage in trust business.

10-43-88. Financial institution authorized to engage in trust business.
For the purpose of this section and §§10-43-89 and 10-43-90, financial institution means a financial institution defined in subdivision §10-43-1(4) but is one which is authorized to engage in the trust business and has not been authorized to accept deposits by the director, comptroller of the currency, or the office of thrift supervision and is not a related corporation of a depository institution subject to the tax imposed by this chapter.
Source:
SL 1995, ch 268, §86; SL 1997, ch 272, §17.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 43 - Income Tax On Banks And Financial Corporations › Section 10-43-89 - Tax on financial institutions engaging in trust business.

10-43-89. Tax on financial institutions engaging in trust business.
There is hereby imposed an annual minimum tax upon the financial institutions defined in §10-43-88. This tax is the tax otherwise computed according to chapter 10-43 or the tax provided in §10-43-90, whichever is greater.
Source:
SL 1995, ch 268, §87.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 43 - Income Tax On Banks And Financial Corporations › Section 10-43-90 - Determining minimum tax imposed upon financial institutions engaged in the trust business.

10-43-90. Determining minimum tax imposed upon financial institutions engaged in the trust business.
If a financial institution as described in §10-43-88 has been authorized to engage in the trust business in South Dakota for fewer than twelve months, the annual minimum tax is five hundred dollars; for more than twelve months, but fewer than twenty-four months the annual minimum tax is two thousand dollars; for more than twenty-four months, but fewer than thirty-six months the annual minimum tax is five thousand dollars; for thirty-six months, but fewer than forty-eight months the annual minimum tax is ten thousand dollars; and for forty-eight months or more, the annual minimum tax is twenty-five thousand dollars.
Source:
SL 1995, ch 268; §88; SL 1997, ch 272, §2.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 43 - Income Tax On Banks And Financial Corporations › Section 10-43-91 - Tax on trustee of extended term trust.

10-43-91. Tax on trustee of extended term trust.
Any corporation, limited liability company, partnership, or other business entity which serves as a trustee or co-trustee for an extended term trust, which trust has a situs for state income tax purposes in the State of South Dakota, is subject to the South Dakota income tax on banks and financial corporations as set forth in chapter 10-43 and if the trustee has not been authorized to accept deposits by the South Dakota director of banking, the comptroller of the currency, the Office of Thrift Supervision, or the Federal Deposit Insurance Corporation, the trustee is deemed to be a financial institution as described in §10-43-88 and is subject to the minimum tax set forth in §10-43-90.
Source:
SL 1997, ch 272, §4.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 43 - Income Tax On Banks And Financial Corporations › Section 10-43-92 - Extended term trust defined.

10-43-92. Extended term trust defined.
As used in §10-43-91, the term, extended term trust, means any trust which has no limitation on duration which would require the trust to cease and terminate on a date not later than twenty-one years beyond any life in being. Extended term trusts may not include any trust subject to the Employee Retirement Income Security Act of 1974, as amended and in effect on January 1, 2016.
Source:
SL 1997, ch 272, §3; SL 2016, ch 62, §31.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 43 - Income Tax On Banks And Financial Corporations › Section 10-43-94 - Entities exempt from payment of tax.

10-43-94. Entities exempt from payment of tax.
The State of South Dakota, any political subdivision of the state, and any quasi-governmental organization created by an executive order of the State of South Dakota and any subsidiary of such organization; any nonprofit United States Treasury Community Development Financial Institution, Small Business Administration Certified Development Company, or Regional Revolving Loan Fund; or any commercial club, chamber of commerce, or industrial development corporation formed pursuant to §9-12-11 or 9-27-37 is exempt from the payment of this tax.
Source:
SL 2005, ch 257, §7.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-1 - Definition of terms.

10-44-1. Definition of terms.
Terms used in this chapter mean:
(1)"Company," any corporation, association, reciprocal or inter-insurance exchange, and any other organization whatsoever, whether foreign or domestic, transacting business in South Dakota under the insurance laws of this state, as insurer, indemnitor, or surety;
(2)"Consideration for annuity contracts," the gross amount of consideration received by a company during the preceding calendar year for annuity contracts on lives of residents in this state less annuity considerations returned, termination allowances on group annuity contracts and so-called dividends on participating annuity contracts;
(3)"Domestic company," any company organized under the laws of South Dakota;
(4)"Foreign company," any company organized under the laws of a jurisdiction other than South Dakota;
(5)"Premiums," as defined under §58-11-1, (but not including premiums received for re-insurance and not including any consideration for annuity contracts) upon property or risks, resident or located within this state, less premium refunds, including refunds of deposits to subscribers of reciprocal or inter-insurance exchanges, and so-called dividends on participating policies.
Source:
SL 1951, ch 456, §1; SDC Supp 1960, §57.35A01; SL 1993, ch 98, §2; SL 1995, ch 66, §1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-1.1 - Rules of director of insurance.

10-44-1.1. Rules of director of insurance.
The director of the Division of Insurance may make reasonable rules to administer or interpret the provisions of this chapter to include, but not be limited to, definition of terms.
Source:
SL 1982, ch 110, §4.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-2.1 - Applicability of tax on premiums and consideration for annuities.

10-44-2.1. Applicability of tax on premiums and consideration for annuities.
The provisions of §10-44-2 and this section shall be retroactive to July 1, 2001, and shall apply to any premium tax for any life insurance policy with an annual premium exceeding one hundred thousand dollars and to any annuity with an annual consideration exceeding five hundred thousand dollars.
Source:
SL 2006, ch 46, §2.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-2.2 - Premium tax on travel insurance--Tax allocation and reporting.

10-44-2.2. Premium tax on travel insurance--Tax allocation and reporting.
An insurer shall pay premium tax as provided in §10-44-2 on travel insurance premiums paid by:
(1)An individual primary policyholder who is a resident of this state;
(2)A primary certificate holder who is a resident of this state who elects coverage under a group travel insurance policy; or
(3)A blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary that has purchased blanket travel insurance in, this state, for eligible blanket group members, subject to any apportionment rules that apply to the insurer across multiple taxing jurisdictions or that permit the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.
A travel insurer shall document the state of residence or principal place of business of the policyholder or certificate holder and report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.
Source: SL 2022, ch 185, §11.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-3 - Farm mutual insurers and fraternal benefit societies exempt from tax.

10-44-3. Farm mutual insurers and fraternal benefit societies exempt from tax.
Farm mutual insurers organized and operating under chapter 58-35 and fraternal benefit societies organized, licensed, or operating under chapter 58-37A are hereby declared to constitute a distinct and separate classification of insurance companies and shall be exempt from the tax imposed by this chapter.
Source:
SL 1951, ch 456, §3; SDC Supp 1960, §57.35A03; SL 2007, ch 55, §1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-4 - Tax credit for principal office or regional home office.

10-44-4. Tax credit for principal office or regional home office.
Any insurer subject to payment of tax provided for in §10-44-2, and which has in this state its principal office, or a regional home office as defined in §10-44-5, for over one-half the tax year is entitled to the following credits and deductions against such tax:
(1)An amount equal to fifty percent of the tax as determined under §10-44-2; and
(2)An amount equal to ad valorem taxes or payments made in lieu of taxes paid by such insurer, whether direct or in the form of rent, on that proportion of the premises occupied as a principal or regional home office during the year next preceding the filing of its annual tax return.
However, in no event shall such credits and deductions reduce the amount of tax to less than thirty percent of the amount of the tax otherwise payable without the application of the credit provided by this section. Any insurer who qualifies for a credit pursuant to this section shall meet the requirements provided for in §58-5-93.
Source:
SDC Supp 1960, §57.35A02 as added by SL 1967, ch 330; SL 1982, ch 110, §2; SL 2004, ch 92, §1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-5 - Functions of regional home office and principal office--Rules.

10-44-5. Functions of regional home office and principal office--Rules.
A regional home office, for the purposes of §10-44-4, means an office performing, for an area covering one or more states, the following functions: the marketing, claims, underwriting, and policyholder servicing. A regional home office may also perform the following functions: actuarial; medical (where required); law; advertising and publications; public relations; and supervision and training of sales and service forces. A principal office shall perform the same functions in addition to decision making and corporate activities. The director may promulgate rules pursuant to chapter 1-26 to define the functions that qualify for the regional home office credit.
Source:
SDC Supp 1960, §57.35A02 as added by SL 1967, ch 330; SL 1982, ch 110, §2A; SL 1993, ch 97, §2; SL 2004, ch 92, §2.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-6 - Proof of maintenance of principal office or regional home office and payment of ad valorem taxes--Certificate allowing tax credit.

10-44-6. Proof of maintenance of principal office or regional home office and payment of ad valorem taxes--Certificate allowing tax credit.
Any insurer claiming the credits and deductions provided by §10-44-4 shall furnish satisfactory proof by March first of each year, on forms to be prescribed by the director of the Division of Insurance, that the insurer maintained its principal office or regional home office within this state and paid ad valorem taxes. Upon receipt of proof, the director of the Division of Insurance shall issue his certificate, allowing the credits and deductions provided for in §10-44-4 with respect to the tax imposed by §10-44-2.
Source:
SDC Supp 1960, §57.35A02 as added by SL 1967, ch 330; SL 1982, ch 110, §3; SL 1984, ch 30, §4.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-7 - Payment required for certificate permitting continuance in business.

10-44-7. Payment required for certificate permitting continuance in business.
The director of the Division of Insurance may not issue a certificate permitting a company to continue doing business in this state until payment of the tax imposed by §10-44-2.
Source:
SL 1951, ch 456, §2; SL 1955, ch 413; SL 1959, ch 210; SDC Supp 1960, §57.35A02; SL 1984, ch 30, §5.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-8 - Exemption of taxpayer from other taxes.

10-44-8. Exemption of taxpayer from other taxes.
Each company required to pay a tax under this chapter is exempt from all other taxes, state and local, except taxes upon real property as may be owned by the company and the retail sales tax and the use tax on tangible personal property and any product transferred electronically. An insurance policy or annuity contract is considered intangible personal property for the purposes of this section.
Source:
SL 1951, ch 456, §5; SDC Supp 1960, §57.35A05; SL 1983, ch 356, §7; SL 1992, ch 80, §209; SL 2008, ch 51, §69.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-9 - Additional tax levied on fire insurance premiums.

10-44-9. Additional tax levied on fire insurance premiums.
Every insurance company doing fire insurance business in this state, including a fire reciprocal insurer under chapter 58-34, shall pay in addition to the tax set forth in §10-44-2 one-half of one percentum of the gross premium receipts of such company on all fire insurance business done in this state during the year next preceding as shown by its annual statement.
Source:
SDC Supp 1960, §57.35A02 (1) as added by SL 1966, ch 255.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-9.1 - Determining amount of fire insurance premium tax--Distribution.

10-44-9.1. Determining amount of fire insurance premium tax--Distribution.
On July fifteenth of each year, the secretary of the Department of Labor and Regulation shall determine the amount of fire insurance premium tax collected by the state under the provisions of §§10-44-2 and 10-44-9 for the previous calendar year. Ten percent of the tax collected pursuant to §10-44-9 is hereby annually appropriated to the Department of Public Safety for distribution to the South Dakota Firefighters Association, Incorporated, for training at state and district fire schools. Fifty percent of the amount remaining shall be distributed according to §10-44-9.4.
All amounts determined for distribution are hereby appropriated out of the general fund to the Department of Public Safety. Each fire department receiving funds from the fire insurance premium tax shall continue to receive an amount not less than the amount received on July 1, 1989.
Source: SL 1977, ch 98, §1; SL 1984, ch 30, §6; SL 1990, ch 84; SL 1994, ch 94, §1; SL 1995, ch 67; SL 2003, ch 272 (Ex. Ord. 03-1), §§20, 121; SL 2006, ch 31, §3; SL 2011, ch 1 (Ex. Ord.
11-1
), §162, eff. Apr. 12, 2011; SL 2021, ch 50, § 1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-9.2 - Fire departments eligible for tax distribution certified annually by department.

10-44-9.2. Fire departments eligible for tax distribution certified annually by department.
Any fire department which was formed at least one year prior to making application, which has not less than fifteen members and one fire truck with pumper housed in a heated building, and which has complied with §34-29B-9 shall be certified annually on or before the last day of May by the Department of Public Safety for distribution of the fire insurance premium tax.
Source:
SDC 1939, §57.3511; SL 1959, ch 440, §2; SL 1966, ch 254; SDCL, §10-44-11; SL 1977, ch 98, §2; SL 1984, ch 30, §7; SL 1984, ch 343, §§17, 18; SL 1990, ch 85; SL 1994, ch 94, §2; SL 2003, ch 272, §§20, 121.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-9.4 - Allocation to counties--Amount.

10-44-9.4. Allocation to counties--Amount.
On or about July fifteenth of each year, the secretary of public safety shall send to each county auditor a list of certified county fire departments and a warrant in an amount equal to one-half of the amount appropriated pursuant to §10-44-9.1, times the ratio of the assessed valuation of the county to the assessed valuation of the state, plus one-half of the amount appropriated pursuant to §10-44-9.1, times the ratio of the population of the county to the population of the state. The secretary of public safety shall base the allocation on figures contained in the most recent published annual statistical report of the Department of Revenue and census or population estimates of the United States Department of Commerce Bureau of the Census. Warrants shall be drawn by the state auditor.
Source:
SL 1951, ch 456, §4; SL 1957, ch 469; SL 1959, ch 440, §1; SDC Supp 1960, §57.35A04; SDCL §10-44-13; SL 1977, ch 98, §4; SL 1978, ch 84; SL 1984, ch 30, §9; SL 2003, ch 272 (Ex. Ord. 03-1), §§20, 82, 121; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-9.5 - Allocation to fire departments serving county--Amount.

10-44-9.5. Allocation to fire departments serving county--Amount.
Upon receipt of the funds as provided in §10-44-9.4 each county auditor shall determine the amount to be received by each certified fire department servicing the county, including those domiciled outside the county. All the funds received shall be divided one-half in the same ratio as the assessed valuation of all property within the service area of the department to the assessed valuation of all property within the service areas of all fire departments within the county, and one-half in the same ratio as the population of the area serviced by the department to the population within the service areas of all fire departments within the county. The county auditor shall base the allocation on figures contained in the most recent published annual statistical report of the Department of Revenue, and census or population estimates of the United States Department of Commerce Bureau of the Census.
Source:
SL 1977, ch 98, §5; SL 1984, ch 30, §10; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-9.6 - Payments to fire departments--Uses of money--Accumulation of funds--Reallocation if fire department ceases to exist--Unused balance to general fund.

10-44-9.6. Payments to fire departments--Uses of money--Accumulation of funds--Reallocation if fire department ceases to exist--Unused balance to general fund.
After the allocation of funds as provided in §10-44-9.5, the county shall pay over to each of the certified fire departments servicing the county the amount of money determined to be their share under §10-44-9.5. The money paid shall be used only for paying operating expenses, pension contributions, and the cost of capital improvements for the fire departments.
A fire department may accumulate funds in its account from year to year. If a fire department ceases to exist, the funds in that account shall be reallocated to the remaining certified fire departments servicing the county in the same proportion as the last previous distribution. If no other certified fire departments operate in the county the balance of the fund shall be paid into the state general fund.
Source:
SL 1951, ch 456, §4; SL 1957, ch 469; SL 1959, ch 440, §1; SDC Supp 1960, §57.35A04; SDCL, §10-44-14; SL 1977, ch 98, §6.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-15 - Payment of fire insurance tax proceeds into firemen's pension fund.

10-44-15. Payment of fire insurance tax proceeds into firemen's pension fund.
Any municipality of the first class having a paid fire department with three or more full-time members shall be required to pay over the money so received as provided by §9-16-23.
Source:
SL 1951, ch 456, §4; SL 1957, ch 469; SL 1959, ch 440, §1; SDC Supp 1960, §57.03A04; SL 1977, ch 98, §7; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 44 - Insurance Company Premium And Annuity Tax › Section 10-44-16 - Penalty on unpaid taxes and installments--Refunds.

10-44-16. Penalty on unpaid taxes and installments--Refunds.
All taxes and installments not paid when due shall be paid together with a penalty assessment on the unpaid balance at the rate of one and one-half percent per month, or fraction thereof. The Division of Insurance may refund any penalty or interest paid in error. Upon written request by a receiver, the director of the Division of Insurance may extend the time for payment of the tax and may waive any penalty assessment.
Source:
SL 1982, ch 110, §5A; SL 1984, ch 84; SL 1993, ch 97, §3.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.1 - Gross receipts not to include late charge fees.

10-45-1.1. Gross receipts not to include late charge fees.
For purposes of the tax imposed by this chapter, gross receipts do not include any fees or other interest imposed by a retailer for late charges on overdue accounts, no account, or nonsufficient funds checks.
Source:
SL 2002, ch 64, §14.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.2 - Gross receipts not to include refunded sale price of property.

10-45-1.2. Gross receipts not to include refunded sale price of property.
For purposes of the tax imposed by this chapter, the sale price of property returned by customers are not gross receipts if the full sale price thereof is refunded either in cash or by credit.
Source:
SL 2002, ch 64, §15.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.3 - Gross receipts not to include credit or trade-in value of certain personal property.

10-45-1.3. Gross receipts not to include credit or trade-in value of certain personal property.
For purposes of the tax imposed by this chapter, if any tangible personal property or any product transferred electronically is taken in trade or in a series of trades as a credit or part payment of a retail sale taxable under this chapter, and the tangible personal property or the product transferred electronically taken in trade is subject to the sales tax imposed by this chapter when sold, the credit or trade-in value allowed by the retailer may not be included as gross receipts.
Source:
SL 2002, ch 64, §16; SL 2008, ch 51, §5.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.4 - Computation of tax to third decimal place.

10-45-1.4. Computation of tax to third decimal place.
In computing the tax to be remitted under this chapter as the result of any transaction, the tax amount shall be carried to the third decimal place. Amounts of tax less than one-half of one cent shall be disregarded and amounts of tax of one-half cent or more shall be considered an additional cent.
Source:
SL 2002, ch 64, §24.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.5 - Lease or rental defined--Exclusions.

10-45-1.5. Lease or rental defined--Exclusions.
For the purposes of the tax imposed by this chapter, the term, lease or rental, means any transfer of possession or control of tangible personal property or any product transferred electronically for a fixed or indeterminate term for consideration. A lease or rental may include future options to purchase or extend. Lease or rental does not include:
(1)A transfer of possession or control of property under a security agreement or deferred payment plan that requires the transfer of title upon completion of the required payments;
(2)A transfer or possession or control of property under an agreement that requires the transfer of title upon completion of required payments and payment of an option price does not exceed the greater of one hundred dollars or one percent of the total required payments; or
(3)Providing tangible personal property along with an operator for a fixed or indeterminate period of time. A condition of this exclusion is that the operator is necessary for the equipment to perform as designed. For the purpose of this subdivision, an operator shall do more than maintain, inspect, or set-up the tangible personal property.
Source:
SL 2003, ch 61, §2; SL 2008, ch 51, §6.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.6 - Exemption for gross receipts pursuant to contract requiring retailer to display products or signage--Exception.

10-45-1.6. Exemption for gross receipts pursuant to contract requiring retailer to display products or signage--Exception.
There are hereby exempted from the provisions of this chapter and the tax imposed by it, gross receipts received by a retailer from a manufacturer, wholesaler, or distributor pursuant to a written contract between the retailer and manufacturer, wholesaler, or distributor that requires the retailer to display the manufacturer, wholesaler, or distributor's product or signage in a specified manner or location. Any discount or deferred payment received by a retailer from a distributor, wholesaler, or manufacturer for purchasing a product for sale at retail does not constitute gross receipts subject to the tax imposed by this chapter.
Source:
SL 2003, ch 62, §1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.7 - Certain nontaxable portions of bundled telecommunications transactions subject to tax.

10-45-1.7. Certain nontaxable portions of bundled telecommunications transactions subject to tax.
In the case of a bundled transaction that includes any of the following: telecommunications services, ancillary services, internet access, or audio or video programming services and the charges are attributable to retail sales that are taxable and retail sales that are nontaxable, the portion of the price attributable to the nontaxable retail sales is subject to tax unless the provider can identify by reasonable and verifiable standards such portion from its books and records kept in the regular course of business.
Source:
SL 2003, ch 64, §1; SL 2007, ch 57, §1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.8 - Entire gross receipts from sale of bundled transactions subject to tax.

10-45-1.8. Entire gross receipts from sale of bundled transactions subject to tax.
Except for the provisions of §10-45-1.7, the tax imposed by this chapter applies to the entire gross receipts resulting from the sale of bundled transactions.
Source:
SL 2007, ch 58, §1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.9 - Bundled transaction defined.

10-45-1.9. Bundled transaction defined.
For the purposes of this chapter, the term, bundled transaction, means the retail sale of two or more distinct and identifiable products sold for one nonitemized price.
Source:
SL 2007, ch 58, §2.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.10 - Distinct and identifiable products--Exclusions.

10-45-1.10. Distinct and identifiable products--Exclusions.
For the purposes of this chapter, the phrase, distinct and identifiable products, does not include:
(1)Packaging, including containers, boxes, sacks, bags, bottles, wrapping, labels, tags, and instruction guides, that accompany the retail sale of the products and are incidental or immaterial to the retail sale;
(2)A product provided free of charge with the required purchase of another product, if the sales price of the product purchased does not vary depending on the inclusion of the product provided free of charge; or
(3)Items included in gross receipts.
Source:
SL 2007, ch 58, §3.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.11 - One nonitemized price--Exclusions.

10-45-1.11. One nonitemized price--Exclusions.
For the purposes of this chapter, the phrase, one nonitemized price, does not include a price that is separately identified by product on binding sales or other supporting sales-related documentation made available to the customer in paper or electronic form including an invoice, bill of sale, receipt, contract, service agreement, lease agreement, periodic notice of rates and services, rate card, or price list.
Source:
SL 2007, ch 58, §4.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.12 - Bundled transaction--Exclusions.

10-45-1.12. Bundled transaction--Exclusions.
For the purposes of this chapter, the term, bundled transaction, does not include:
(1)A transaction that includes the retail sale of real property or services to real property;
(2)A transaction that includes the retail sale of any products in which the gross receipts varies, or is negotiable, based on the selection by the purchaser of the products included in the transaction;
(3)A transaction that includes the retail sale of tangible personal property and a service where the tangible personal property is essential to the use of the service, and is provided exclusively in connection with the service, and the true object of the transaction is the service;
(4)A transaction that includes the retail sale of any product transferred electronically and a service where the product transferred electronically is essential to the use of the service, and is provided exclusively in connection with the service, and the true object of the transaction is the service;
(5)A transaction that includes the retail sale of services where one service is provided that is essential to the use or receipt of a second service and the first service is provided exclusively in connection with the second service and the true object of the transaction is the second service;
(6)A transaction that includes the retail sale of taxable products and nontaxable products and the purchase price or gross receipts of the taxable products is de minimis; or
(7)A transaction that includes the retail sale of exempt tangible personal property and taxable tangible personal property where:
(a)The transaction includes food and food ingredients, drugs, durable medical equipment, mobility enhancing equipment, or prosthetic devices all as defined in chapter 10-45, or over-the-counter drugs or medical supplies; and
(b)The retailer's purchase price or gross receipts of the taxable tangible personal property is fifty percent or less of the total purchase price or gross receipts of the bundled tangible personal property. No retailer may use a combination of the purchase price and gross receipts of the tangible personal property when making the fifty percent determination for a transaction.
Source:
SL 2007, ch 58, §5; SL 2008, ch 51, §7.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.13 - De minimis defined.

10-45-1.13. De minimis defined.
For the purposes of §10-45-1.12, the term, de minimis, means the retailer's purchase price or gross receipts of the taxable products is ten percent or less of the total purchase price or gross receipts of the bundled products. A retailer shall use either the purchase price or the gross receipts of the products to determine if the taxable products are de minimis. No retailer may use a combination of the purchase price and gross receipts of the products to determine if the taxable products are de minimis. A retailer shall use the full term of a service contract to determine if the taxable products are de minimis.
Source:
SL 2007, ch 58, §6.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.14 - Gross receipts defined.

10-45-1.14. Gross receipts defined.
For the purposes of this chapter, the term, gross receipts, means the total amount or consideration, including cash, credit, property, and services, for which tangible personal property, any product transferred electronically, or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for the following:
(1)The retailer's cost of the property or service sold;
(2)The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the retailer, all taxes imposed on the retailer, and any other expense of the retailer; and
(3)Except as provided in chapter 10-46A or 10-46B, charges by the retailer for any services necessary to complete the sale whether or not separately stated, including delivery charges.
Source:
SL 2007, ch 56, §2; SL 2008, ch 51, §8.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.15 - Conditions under which gross receipts include consideration retailer received from third parties.

10-45-1.15. Conditions under which gross receipts include consideration retailer received from third parties.
Gross receipts, as defined in §10-45-1.14, include consideration received by the retailer from third parties if:
(1)The retailer actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on the sale;
(2)The retailer has an obligation to pass the price reduction or discount through to the purchaser;
(3)The amount of the consideration attributable to the sale is fixed and determined by the retailer at the time of the sale of the item to the purchaser; and
(4)One of the following criteria is met:
(a)The purchaser presents a coupon, certificate, or other documentation to the retailer to claim a price reduction or discount where the coupon, certificate, or documentation is authorized, distributed, or granted by a third party with the understanding that the third party will reimburse any retailer to whom the coupon, certificate, or documentation is presented;
(b)The purchaser identifies himself or herself to the retailer as a member of a group or organization entitled to a price reduction or discount (a preferred customer card that is available to any patron does not constitute membership in such a group); or
(c)The price reduction or discount is identified as a third party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate, or other documentation presented by the purchaser.
For the purposes of this section, the purchaser is the end consumer.
Source:
SL 2007, ch 56, §3.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.16 - Exclusions from definition of gross receipts.

10-45-1.16. Exclusions from definition of gross receipts.
Gross receipts, as defined in §10-45-1.14, do not include:
(1)Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a retailer and taken by a purchaser on a sale;
(2)Interest, financing, and carrying charges from credit extended on the sale of tangible personal property, any product transferred electronically, or services, if the amount is separately stated on the invoice, bill of sale, or similar document given to the purchaser; and
(3)Any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale, or similar document given to the purchaser.
Source:
SL 2007, ch 56, §4; SL 2008, ch 51, §9.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.18 - Definition of terms related to telecommunications service and ancillary services.

10-45-1.18. Definition of terms related to telecommunications service and ancillary services.
Terms used in this chapter mean:
(1)"Intrastate telecommunications service," a telecommunications service that originates in one United States state or a United States territory or possession, and terminates in the same United States state or a United States territory or possession;
(2)"Interstate telecommunications service," a telecommunications service that originates in one United States state, or a United States territory or possession, and terminates in a different United States state or a United States territory or possession;
(3)"International telecommunications service," a telecommunications service that originates or terminates in the United States and terminates or originates outside the United States, respectively. United States includes the District of Columbia or a United States territory or possession;
(4)"Ancillary services," services that are associated with or incidental to the provision of telecommunications services, including detailed telecommunications billing, directory assistance, vertical service, and voice mail services;
(5)"Detailed telecommunications billing service," an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement;
(6)"Directory assistance," an ancillary service of providing telephone number information, address information, or telephone number information and address information;
(7)"Vertical service," an ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services;
(8)"Voice mail service," an ancillary service that enables the customer to store, send, or receive recorded messages. The term does not include any vertical services that the customer may be required to have in order to utilize the voice mail service;
(9)"Conference bridging service," an ancillary service that links two or more participants of an audio or video conference call and may include the provision of a telephone number. The term does not include the telecommunications services used to reach the conference bridge.
Source:
SL 2009, ch 47, §2; SL 2010, ch 56, §1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-1.19 - Gross receipts excludes tax imposed by certain chapters and sections.

10-45-1.19. Gross receipts excludes tax imposed by certain chapters and sections.
Notwithstanding any other provision of law, gross receipts as defined in this chapter do not include any tax imposed by this chapter and chapters 10-45D, 10-52, and 10-52A, and §§49-34A-45 and 49-34A-46 that is separately stated on the invoice, bill of sale, or similar document given to the purchaser.
Source:
SL 2013, ch 56, §1; SL 2015, ch 232, §3.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-2 - Tax on sale of tangible property.

10-45-2. Tax on sale of tangible property.
There is hereby imposed a tax upon the privilege of engaging in business as a retailer, a tax of four and two-tenths percent upon the gross receipts of all sales of tangible personal property consisting of goods, wares, or merchandise, except as otherwise provided in this chapter, sold at retail in the state to consumers or users.
Source:
SL 1935, ch 205, §34; SL 1937, ch 253, §1; SDC 1939, §57.3201; SL 1941, ch 345; SL 1943, ch 296; SL 1965, ch 288, §1; SL 1967, ch 335; SL 1969, ch 267, §1; SL 1978, ch 72, §37; SL 1979, ch 84, §1; SL 1980, ch 325, §14; SL 1987, ch 98, §2; SL 1988, ch 106, §1; SL 2016, ch 65, §1, eff. June 1, 2016; SL 2023, ch 32, §1.
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Effective July 1, 2027
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10-45-2. Tax on sale of tangible property.
There is hereby imposed a tax upon the privilege of engaging in business as a retailer, a tax of four and one-half percent upon the gross receipts of all sales of tangible personal property consisting of goods, wares, or merchandise, except as otherwise provided in this chapter, sold at retail in the State of South Dakota to consumers or users.
Source:
SL 1935, ch 205, §34; SL 1937, ch 253, §1; SDC 1939, §57.3201; SL 1941, ch 345; SL 1943, ch 296; SL 1965, ch 288, §1; SL 1967, ch 335; SL 1969, ch 267, §1; SL 1978, ch 72, §37; SL 1979, ch 84, §1; SL 1980, ch 325, §14; SL 1987, ch 98, §2; SL 1988, ch 106, §1; SL 2016, ch 65, §1, eff. June 1, 2016; SL 2023, ch 32, §1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-2.1 - Tax on sales of sectional homes--Sectional homes defined.

10-45-2.1. Tax on sales of sectional homes--Sectional homes defined.
Sales of sectional homes are subject to sales tax, which shall be based upon the fair market value of the raw materials used to construct each home.
For the purpose of this section, the term, sectional homes, means any home pre-built in whole or in part for the purpose of permanent placement on a foundation. Mobile homes as defined in subdivision 32-3-1(8) and manufactured homes as defined in subdivision 32-3-1(6) are not sectional homes.
Source:
SL 1977, ch 99, §1; SL 1987, ch 29, §6; SL 2005, ch 71, §1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-2.2 - Materials incorporated in construction work--Restriction on application of rate increase.

10-45-2.2. Materials incorporated in construction work--Restriction on application of rate increase.
No tax increase may be levied on materials incorporated in construction work pursuant to construction contracts bid or entered into on or before the effective date of the tax increase.
Source:
SL 1984, ch 93, §1; SL 2001, ch 56, §1.
2023 South Dakota Codified Laws › Title 10 - Taxation › Chapter 45 - Retail Sales And Service Tax › Section 10-45-2.3 - Conditional or installment sales--Actual cash receipts subject to tax.

10-45-2.3. Conditional or installment sales--Actual cash receipts subject to tax.
For purposes of the tax imposed by this chapter, on any sale made under a conditional sales contract, or under other forms of sale wherein the payment of the principal sum is extended over a period longer than sixty days from the date of sale, only the portion of the sale amount that has actually been received in cash by the retailer during each reporting period is subject to the tax imposed by this chapter.
Source:
SL 2002, ch 64, §17.