2015 House Bill 1200 - Introduced

State of South Dakota  
NINETIETH SESSION
LEGISLATIVE ASSEMBLY, 2015  

417W0665   HOUSE BILL   NO.  1200  

Introduced by:    Representatives Bolin, Deutsch, and Kirschman and Senators Frerichs, Bradford, Haggar (Jenna), Hunhoff (Bernie), Monroe, Olson, and Peterson (Jim)
 

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption of motor vehicles from the motor vehicle excise tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 32-5B-2 be amended to read as follows:
    32-5B-2. Motor vehicles exempted from the provisions of this chapter are as follows:
            (1)    Any motor vehicle exempted in § 32-5-1.3, 32-5-42, 32-5-42.1, or 32-5-42.2;
            (2)    Any motor vehicle acquired by inheritance from or bequest of a decedent;
            (3)    Any motor vehicle previously titled or licensed jointly in the names of two or more persons and subsequently transferred without consideration to one or more of such persons;
            (4)    Any motor vehicle transferred without consideration between spouses, between a parent and child, and between siblings;
            (5)    Any motor vehicle transferred pursuant to any mergers or consolidations of corporations or limited liability companies, or plans of reorganization by which

substantially all of the assets of a corporation or limited liability company are transferred if the motor vehicle was previously titled, licensed, and registered in this state;

            (6)    Any motor vehicle transferred by a subsidiary corporation or limited liability company to its parent corporation or limited liability company for no or nominal consideration or in sole consideration of the cancellation or surrender of the subsidiary's stock if the motor vehicle was previously titled, licensed, and registered in this state;
            (7)    Any motor vehicle transferred between an individual and a corporation if the individual and the owner of the majority of the capital stock of the corporation are one and the same, or any motor vehicle transferred between an individual and a limited liability company if the individual and the majority member of the limited liability company are one and the same, and if the motor vehicle was previously titled, licensed, and registered in this state;
            (8)    Any motor vehicle transferred between a corporation or limited liability company and its stockholders, members, or creditors if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title from the corporate entity or limited liability company to the stockholders, members, or creditors and if the motor vehicle was previously titled, licensed, and registered in this state;
            (9)    Any motor vehicle transferred between an individual and a limited or general partnership if the individual and the owner of the majority interest in the partnership are one and the same person and if the motor vehicle was previously titled, licensed, and registered in this state;
            (10)    Any motor vehicle transferred to effect a sale of all or substantially all of the assets

of the business entity if the motor vehicle was previously titled, licensed, and registered in this state;

            (11)    Any motor vehicle acquired by a secured party or lien holder in satisfaction of a debt;
            (12)    Any motor vehicle sold or transferred that is eleven or more model years old and that is sold or transferred for two thousand two hundred five thousand dollars or less before trade-in;
            (13)    Any damaged motor vehicle transferred to an insurance company in the settlement of an insurance claim;
            (14)    Any motor vehicle owned by a former resident of this state who returns to the state and who had previously paid vehicle excise tax to this state on the motor vehicle as evidenced within the department's records or by submission of other acceptable proof of payment of such tax;
            (15)    Any motor vehicle transferred between corporations, both subsidiary and nonsubsidiary, if the individuals who hold a majority of stock in the first corporation also hold a majority of stock in the second corporation; but these individuals need not hold the same ratio of stock in both corporations and if the motor vehicle was previously titled, licensed, and registered in this state;
            (16)    Any motor vehicle transferred between limited liability companies, both subsidiary and nonsubsidiary, if the individuals who hold a majority interest in the first limited liability company also hold a majority interest in the second limited liability company and if the motor vehicle was previously titled, licensed, and registered in this state;
            (17)    Any motor vehicle transferred by a trustor to a trustee or from a trustee to a beneficiary of a trust;
            (18)    Any motor vehicle rented for twenty-eight days or less is subject to the tax imposed

by § 32-5B-20; and

            (19)    Any motor vehicle transferred without consideration to any South Dakota nonprofit corporation that will donate the motor vehicle to a needy family or individual.

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