|
State of South Dakota
|
|
EIGHTY-THIRD
SESSION LEGISLATIVE ASSEMBLY, 2008 |
| 400P0153 | HOUSE TAXATION ENGROSSED NO. HB 1017 - 1/24/2008 |
|
Introduced by:
The Committee on Taxation at the request of the Department of Revenue and
Regulation
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:
Section 2. That subdivision (4) of § 10-45-1 be amended to read as follows:
transferred electronically
at retail does not constitute such person a retailer;
Section 5. That § 10-45-1.3 be amended to read as follows:
10-45-1.3. 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.
Section 6. That § 10-45-1.5 be amended to read as follows:
10-45-1.5. 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:
required payments; or
Section 7. That § 10-45-1.12 be amended to read as follows:
10-45-1.12. For the purposes of this chapter, the term, bundled transaction, does not include:
Section 8. That § 10-45-1.14 be amended to read as follows:
10-45-1.14. 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:
Section 9. That § 10-45-1.16 be amended to read as follows:
10-45-1.16. Gross receipts, as defined in § 10-45-1.14, do not include:
Section 10. That § 10-45-5 be amended to read as follows:
10-45-5. There is imposed a tax at the rate of four percent upon the gross receipts of any person from engaging or continuing in any of the following businesses or services in this state: abstracters; accountants; architects; barbers; beauty shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing; exterminators; garage and service stations; garment alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen and towel supply; membership or entrance fees for the use of a facility or for the right to purchase tangible personal property , any product transferred electronically, or services; photography; photo developing and enlarging; tire recapping; welding and all repair services, except farm machinery, farm attachment units, or irrigation equipment repair services; cable television; and rentals of tangible personal property except leases of tangible personal property between one telephone company and another telephone company, motor vehicles as defined by § 32-5-1 leased under a single contract for more than twenty-eight days and mobile homes. However, the specific enumeration of businesses and professions made in this section does not,
in any way, limit the scope and effect of § 10-45-4.
Section 11.
That
§
10-45-7.1
be amended to read as follows:
10-45-7.1.
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 apply to any membership fee that represents payment for tangible personal
property
, any product transferred electronically,
and services provided by the membership
organization.
Section 12.
That
§
10-45-9
be amended to read as follows:
10-45-9.
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 from sales of
tangible personal property
and any product transferred electronically
which this state is
prohibited from taxing under the Constitution or laws of the United States or under the
Constitution or laws of the State of South Dakota.
Section 13.
That
§
10-45-9.1
be amended to read as follows:
10-45-9.1.
Gross receipts from the sale of tangible personal property
and any product
transferred electronically
to a person who intends to lease the property to persons in this state
and actually does so are exempted from the provisions of this chapter and the tax composed by
it.
Section 14.
That
§
10-45-10
be amended to read as follows:
10-45-10.
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 from sales of
tangible personal property
, any product transferred electronically,
and
the sale, furnishing or
service of electrical energy, natural and artificial gas and communication service
services
to the
United States, to the State of South Dakota or to any other state of the United States or the
District of Columbia if the other state provides a reciprocal exemption for South Dakota, to
public or municipal corporations of the State of South Dakota or of any other state of the United
States or the District of Columbia if the other state provides a reciprocal exemption to South
Dakota public or municipal corporations, to any nonprofit charitable organization which devotes
its resources exclusively to the relief of the poor, distressed or underprivileged, and has been
recognized as an exempt organization under § 501(c)(3) of the Internal Revenue Code, or to any
Indian tribe.
Section 15.
That
§
10-45-11.1
be amended to read as follows:
10-45-11.1.
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 from furnishing
goods or services to the purchaser or
his
the purchaser's
successor in interest of tangible personal
property
and any product transferred electronically
to fulfill a warranty obligation of the
manufacturer to the extent that
such
the
goods or services are not charged to
such
the
purchaser
or
his
the purchaser's
successor in interest.
Section 16.
That
§
10-45-12.5
be amended to read as follows:
10-45-12.5.
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 this chapter.
Section 17.
That
§
10-45-13
be amended to read as follows:
10-45-13.
There are specifically exempted from the provisions of this chapter and from the
computation of the amount of tax imposed by it, the gross receipts from the following:
county, district, regional, and local fairs;
purchased for use in the activity are included in the measure of sales tax;
religious, benevolent, fraternal, youth associations or charitable purposes;
Section 18. That § 10-45-13.1 be amended to read as follows:
10-45-13.1. Membership organizations, major group 86, as enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President, are exempt from the tax imposed by this chapter on receipts from sales of services by them and their membership fees. This exemption does not apply to the tax imposed upon the gross receipts of sales of tangible personal property or any product transferred electronically by such organizations. This section does not exempt the gross receipts of a retailer which are the result of sales to organizations in major group 86 or exempt such organizations from payment of use tax on goods and services used in the conduct of their activities.
Section 19. That § 10-45-13.2 be amended to read as follows:
10-45-13.2. There are specifically exempted from the provisions of this chapter and the computation of the tax imposed by it, the fair market value of any tangible personal property , product transferred electronically, or service given without charge to an institution, organization, or group exempt from the tax imposed by this chapter.
Section 20. That § 10-45-14 be amended to read as follows:
10-45-14. There are specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, the gross receipts from sales of tangible
personal property
, any product transferred electronically,
and
the gross receipts from sales,
furnishing, or service of electrical energy, natural and artificial gas, water, and communication
service
services
to and for use by religious educational institutions, private educational
institutions currently recognized as exempt under section 501(c)(3) of the Internal Revenue
Code as in effect on January 1, 1983, and nonprofit, charitable hospitals when purchases are
made by authorized officials, payment made from the institution funds and title to the property
retained in the name of such institution. For the purposes of this section, a private educational
institution shall be defined as an institution currently recognized as exempt under section
501(c)(3) of the Internal Revenue Code as in effect on January 1, 1995, maintaining a campus
physically located within this state; and accredited by the South Dakota Department of
Education or the North Central Association of Colleges and Schools.
Section 21. That § 10-45-20.1 be amended to read as follows:
10-45-20.1. Payments made by one member of the controlled group to another member of
a controlled group which represent an allocation, reimbursement, or charge for services
provided by or rendered by the members of the controlled group are specifically exempted from
the provisions of this chapter and the computation of the tax imposed by it. The exemption
provided in this section does not apply to the lease of tangible personal property
or any product
transferred electronically
unless the sales or use tax has been paid on the property by the lessor.
Section 22.
That
§
10-45-20.5
be amended to read as follows:
10-45-20.5.
There are specifically exempted from the provisions of this chapter and the
computation of the tax imposed by it, gross receipts from the sale of services rendered by a
related corporation as defined in subdivision 10-43-1(11) for use by a financial institution as
defined in subdivision 10-43-1(4) or on any service rendered by a financial institution as defined
in subdivision 10-43-1(4) for use by a related corporation as defined in subdivision 10-43-1(11).
For the purposes of this section, the term, related corporation, includes a corporation which
together with the financial institution is part of a controlled group of corporations as defined in
26 U.S.C. § 1563 as in effect on January 1, 1989, except that the eighty percent ownership
requirements set forth in 26 U.S.C. § 1563(a)(2)(A) for a brother-sister controlled group are
reduced to fifty-one percent. The exemption provided in this section does not apply to the lease
of tangible personal property
or any product transferred electronically
unless the sales or use tax
has been paid on the property by the lessor.
Section 23.
That
§
10-45-29.1
be amended to read as follows:
10-45-29.1.
In determining the amount of tax due under this chapter, attorneys licensed
pursuant to chapter 16-16 and accountants licensed pursuant to chapter 36-20A may deduct from
gross receipts amounts which represent charges to clients for tangible personal property
, any
product transferred electronically,
or services purchased by the attorney or accountant on behalf
of a client. However, the sale of the property or service to the attorney or accountant is not a sale
for resale if this deduction is taken. This deduction may only be taken if the amount to be
deducted represents an expense specifically incurred for a particular client and the amount is
itemized and separately billed as a reimbursable expense by the attorney or accountant.
Section 24.
That
§
10-45-61
be amended to read as follows:
10-45-61.
Notwithstanding § 10-54-1, a seller, who possesses an exemption certificate from
a purchaser of tangible personal property
, any product transferred electronically,
or services
which indicates the items or services being purchased are exempt, may rely on the exemption
certificate and not charge sales tax to the provider of the exemption certificate until the provider
of the exemption certificate gives notice that the items or services being purchased are no longer
exempt by filing a new exemption certificate with the seller.
Section 25. That § 10-45-83 be amended to read as follows:
10-45-83. The provisions of §§ 10-45-82 and 10-46-62 do not apply to the gross receipts from interest paid any pawnbroker from the tax imposed by chapters 10-45 and 10-46. For the purposes of this section, a pawnbroker means any person who is engaged in the business of lending money and who accepts the possession of tangible personal property or any product transferred electronically as security for the loan.
Section 26. That § 10-45-84 be amended to read as follows:
10-45-84. Any fee or commission received by a retailer for arranging or assisting in the arrangement of a loan for a customer to pay for tangible personal property or any product
transferred electronically
sold by such retailer does not constitute gross receipts subject to the
tax imposed by this chapter.
Section 27.
That
§
10-45-92
be amended to read as follows:
10-45-92.
In determining the amount of tax due under this chapter, auctioneers may deduct
from gross receipts amounts which represent direct expense charges for clients for tangible
personal property
, any product transferred electronically,
or services purchased by the auctioneer
on behalf of a client. However, the sale of the property or service to the auctioneer is not a sale
for resale if this deduction is taken. This deduction may only be taken if the amount to be
deducted represents an expense specifically incurred for a particular client and the amount is
itemized and paid from the client's auction proceeds by the auctioneer or closing agent. The
deduction shall be disallowed if the auctioneer receives any profit or remuneration directly or
indirectly from the client's expense.
Section 28.
That
§
10-45-92.1
be amended to read as follows:
10-45-92.1.
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
applying the deductions provided by § 10-45-92. However, the auctioneer is responsible for the
payment of the tax imposed by this chapter if the auction clerk is an employee of the auctioneer
or if the auction clerk does not have a permit as required by this chapter. In addition to any other
information required to be kept by this chapter, each auction clerk shall keep records that
identify the owner of the property sold at auction and the auctioneer who conducts the sale of
such property.
Section 29.
That
§
10-45-108
be amended to read as follows:
10-45-108.
For purposes of the tax imposed by this chapter, a retailer shall source sales of
tangible personal property
, any product transferred electronically,
and services to the location
where the tangible personal property
, the product transferred electronically,
or service is
received. The department shall promulgate rules, pursuant to chapter 1-26, defining the location
of receipt. The rules promulgated pursuant to this section may provide an alternative method
of sourcing telecommunication services.
Section 30.
That chapter
10-46
be amended by adding thereto a NEW SECTION to read as
follows:
a product transferred electronically shall be taxed in the same manner as the product transferred
electronically. A digital code is a code that permits a purchaser to obtain at a later date a product
transferred electronically.
Section 31.
That subdivision (3) of
§
10-46-1
be amended to read as follows:
administration of this chapter to regard any salesmen, representatives, truckers,
peddlers, or canvassers as agents of the dealers, distributors, supervisors, employers,
or persons under whom they operate or from whom they obtain the tangible personal
property
or any product transferred electronically
sold by them irrespective of
whether they are making sales on their own behalf or on behalf of such dealers,
distributors, supervisors, employers, or persons, the secretary of revenue and
regulation may so regard them and may regard the dealers, distributors, supervisors,
employers, or persons as retailers for purposes of this chapter;
Section 36. That § 10-46-1 be amended by adding thereto a NEW SUBDIVISION to read as follows:
Section 37. That § 10-46-1.1 be amended to read as follows:
10-46-1.1. For the purpose 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:
Section 38. That § 10-46-2.2 be amended to read as follows:
10-46-2.2. An excise tax is imposed upon the privilege of the use of rented tangible personal property and any product transferred electronically in this state at the rate of four percent of the rental payments upon the property.
Section 39. That § 10-46-2.3 be amended to read as follows:
10-46-2.3. The use, storage, or consumption of tangible personal property and any product transferred electronically actually leased to persons in this state is exempted from the provisions of this chapter and the tax imposed by it.
Section 40. That § 10-46-3 be amended to read as follows:
10-46-3. An excise tax is imposed on the privilege of the use, storage or consumption in this state of tangible personal property or any product transferred electronically not originally purchased for use in this state, but thereafter used, stored or consumed in this state, at the same rate of percent of the fair market value of the property at the time it is brought into this state as is imposed by § 10-45-2. The use, storage, or consumption of tangible personal property or any product transferred electronically more than seven years old at the time it is brought into the state by the person who purchased such property for use in another state is exempt from the tax imposed herein. The secretary may promulgate rules pursuant to chapter 1-26 relating to the determination of the age and value of the tangible personal property or the product transferred electronically brought into this state.
Section 41. That § 10-46-5 be amended to read as follows:
10-46-5. If a contractor or subcontractor, as defined in chapters 10-46A and 10-46B, uses tangible personal property or any product transferred electronically in the performance of
Section 42. That § 10-46-5.4 be amended to read as follows:
10-46-5.4. Notwithstanding the provisions of § 10-46-5, the use in this state of tangible personal property and any product transferred electronically that becomes an integral and component part of a final product manufactured by a business classified in signs and advertising specialities, (industry no. 3993) in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President, that is installed by
Section 43. That § 10-46-6 be amended to read as follows:
10-46-6. The use in this state of tangible personal property , any product transferred electronically, or services, the gross receipts from the sale of which are to be included in the measure of the tax imposed by chapter 10-45, and any amendments made or which may hereafter be made thereto, is hereby specifically exempted from the tax imposed by this chapter.
Section 44. That § 10-46-6.1 be amended to read as follows:
10-46-6.1. The amount of any use tax imposed with respect to tangible personal property , any product transferred electronically, or services shall be reduced by the amount of any sales or use tax previously paid by the taxpayer with respect to the property on account of liability to another state or its political subdivisions.
Section 45. That § 10-46-7 be amended to read as follows:
10-46-7. 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 property
and any product transferred electronically
sold to the United States, the State
of South Dakota, or any public or municipal corporation of the state which is for the use,
storage, or consumption of such public corporations is hereby specifically exempt from the tax
imposed by this chapter.
Section 46.
That
§
10-46-8
be amended to read as follows:
10-46-8.
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
exempted from the tax imposed by this chapter.
Section 47.
That
§
10-46-9.5
be amended to read as follows:
10-46-9.5.
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
this chapter.
Section 48.
That
§
10-46-15
be amended to read as follows:
10-46-15.
The gross receipts from sales of tangible personal property
, any product
transferred electronically,
and the gross receipts from sales, furnishing or service of electrical
energy, natural and artificial gas, water and communication service to and for use by religious
educational institutions and private educational institutions currently recognized as exempt
under section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 1983, and
nonprofit, charitable hospitals when purchases are made by authorized officials, payment made
from the institution's funds and title to the property retained in the name of the institutions, are
specifically exempted from the tax imposed by this chapter. For the purposes of this section, a
private educational institution shall be defined as an institution currently recognized as exempt
under section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 1995,
maintaining a campus physically located within this state; and accredited by the South Dakota
Department of Education or the North Central Association of Colleges and Schools.
Section 49. That § 10-46-15.4 be amended to read as follows:
10-46-15.4. There are specifically exempted from the provisions of this chapter and the computation of the tax imposed by it, the fair market value of any tangible personal property , product transferred electronically, or service given without charge to an institution, organization, or group exempt from the tax imposed by this chapter.
Section 50. That § 10-46-18 be amended to read as follows:
10-46-18. For the purpose of the proper administration of this chapter and to prevent the evasion of the tax, evidence that tangible personal property or any product transferred electronically was sold by any person for delivery in this state shall be prima facie evidence that
this state.
Section 51.
That
§
10-46-20
be amended to read as follows:
10-46-20.
Any retailer maintaining a place of business in this state, and making sales of
tangible personal property
, any product transferred electronically,
or services for storage, use
or other consumption in this state, not exempted under the provisions of §§ 10-46-6 to 10-46-
17.5, inclusive, shall, at the time of making such sale, whether within or without the state,
collect the tax imposed by this chapter from the purchaser, and give to the purchaser a receipt
therefor in the manner and form prescribed by the secretary of revenue and regulation, if the
secretary of revenue and regulation
shall
, by rule promulgated pursuant to chapter 1-26,
require
such
requires a
receipt.
Such
The
retailer shall list with the secretary of revenue and regulation
the name and address of all
his
the retailer's
agents operating in this state, and the location of
any
and all his
of the retailer's
distribution or sales houses or offices or other places of business
in this state.
Section 52.
That
§
10-46-21
be amended to read as follows:
10-46-21.
Every retailer maintaining a place of business in this state and making sales of
tangible personal property
or any product transferred electronically
for storage, use, or other
consumption in this state, shall, twice annually furnish the secretary of revenue and regulation
with a list, covering the six-month period just preceding the submission of such list, which shall
contain the names and addresses of all persons within the State of South Dakota who have made
purchases of tangible personal property
or any product transferred electronically
from
said
the
retailer for use, storage, or consumption
, and which
. The
list shall contain the total amount of
the purchase price of all such personal property so purchased during
said
the
period by such
persons.
Said
The
list required to be submitted
as above stated
need not contain any information
on the sale of tangible personal property
when
or any product transferred electronically if
exempt under §§ 10-46-6 to 10-46-15, inclusive.
Section 53.
That
§
10-46-22
be amended to read as follows:
10-46-22.
The secretary of revenue and regulation may, upon application, authorize the
collection of the tax imposed by this chapter by any retailer not maintaining a place of business
within this state, who, to the satisfaction of the secretary of revenue and regulation furnishes
adequate security to ensure collection and payment of the tax.
Such
The
retailer shall be issued,
without charge, a permit to collect
such
the
tax in such manner, and subject to such
requirements as the secretary of revenue and regulation may prescribe by rule promulgated
pursuant to chapter 1-26. If so authorized, the retailer shall collect the tax upon
all
any
tangible
personal property
or any product transferred electronically
sold to
his
the retailer's
knowledge
for use, storage
,
or other consumption within this state, in the same manner and subject to the
same requirements as a retailer maintaining a place of business within this state.
Such
The
authority and permit may be canceled
when
if
, at any time, the secretary of revenue and
regulation considers the security inadequate, or that such tax can more effectively be collected
from the person using
such
the
property in this state.
Section 54.
That
§
10-46-23
be amended to read as follows:
10-46-23.
The tax upon the use, storage
,
or other consumption of all tangible personal
property
or any product transferred electronically
which is sold by a retailer maintaining a place
of business in this state, or by such other retailer as the secretary of revenue and regulation shall
authorize pursuant to § 10-46-22, shall be collected by
such
the
retailer and remitted to the
Department of Revenue and Regulation pursuant to the provisions of §§ 10-46-24 to 10-46-31,
inclusive.
Section 55.
That
§
10-46-28
be amended to read as follows:
10-46-28.
At the time specified in § 10-46-27, the retailer shall file with the secretary of
revenue and regulation a return for the preceding reporting period in such form as may be
prescribed by the secretary of revenue and regulation showing the sales price of any
or all
tangible personal property
, any product transferred electronically,
or services sold by the retailer
during
such
the
preceding reporting period, the use, storage
,
or consumption of which is subject
to the tax imposed by this chapter, and such other information as the secretary of revenue and
regulation may deem necessary for the proper administration of this chapter.
Returns
Each
return
shall be accompanied by a remittance of the amount of such tax for the period covered
by the return.
Section 56.
That
§
10-46-31
be amended to read as follows:
10-46-31.
If tangible personal property
or any product transferred electronically
is sold under
a conditional sales contract, or under any other form of sale wherein the payment of the
principal sum, or a part thereof, is extended over a period longer than sixty days from the date
of the sale thereof, the retailer may collect and remit for each month that portion of the tax equal
to the rate of tax as provided for in this chapter of that portion of the purchase price actually
received during
such
the
month.
Section 57.
That
§
10-46-33
be amended to read as follows:
10-46-33.
The tax upon the use, storage
,
or consumption of
all
any
tangible personal
property
or any product transferred electronically
not paid pursuant to §§ 10-46-23 and 10-46-32
shall be paid to the secretary of revenue and regulation directly by any person using such
property within this state, pursuant to the provisions of § 10-46-34.
Section 58.
That
§
10-46-34.1
be amended to read as follows:
10-46-34.1.
The amount of use tax imposed with respect to tangible personal property
and
any product transferred electronically
in the form of equipment brought into this state on a
permanent basis for direct use in a manufacturing, fabricating, or processing business shall be
reduced by the amount of any sales or use tax previously paid by the taxpayer with respect to
the property on account of liability to another state or its political subdivisions to the extent that
such tax equals or exceeds the rate of the tax in this state. If the sales or use tax of the other state
is less than the tax of this state, the taxpayer shall be subject to the payment of the balance to
this state. No credit
shall
may
be given under this section for taxes paid on tangible personal
property
or any product transferred electronically
subject to the credit of this section in another
state or its political subdivisions if that state does not reciprocally grant a credit for taxes paid
on similar tangible personal property
or any product transferred electronically
in this state.
Section 59.
That
§
10-46-43
be amended to read as follows:
10-46-43.
Every
Each
retailer required or authorized to collect taxes imposed by this chapter
and
every
each
person using, storing or otherwise consuming in this state tangible personal
property
or any product transferred electronically
purchased on or after July 1, 1939, shall keep
such records, receipts, invoices, and other pertinent papers as the secretary of revenue and
regulation shall require, in such form as the secretary of revenue and regulation shall require.
The secretary of revenue and regulation and any of
his
the secretary's
duly authorized agents
are
hereby authorized to
may
examine the books, papers, records, and equipment of any person
either selling tangible personal property
or products transferred electronically
or liable for the
tax imposed by this chapter, and investigate the character of the business of any such person in
order to verify the accuracy of any return made, or if
such
the
return was made by such person,
to ascertain and determine the amount due under the provisions of this chapter. Any such books,
papers, and records shall be made available within this state for such examination upon
reasonable notice
when
if
the secretary of revenue and regulation
shall deem
deems
it advisable
and
shall
so
order
orders
.
Section 60.
That
§
10-46-66
be amended to read as follows:
10-46-66. 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 applying the deductions provided by § 10-45-92. However, the auctioneer is responsible for the payment of the tax imposed by this chapter if the auction clerk is an employee of the auctioneer or if the auction clerk does not have a permit as required by this chapter. In addition to any other information required to be kept by this chapter, each auction clerk shall keep records that identify the owner of the property sold at auction and the auctioneer who conducts the sale of such property.
Section 61. That § 10-46-68 be amended to read as follows:
10-46-68. 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 apply to any membership fee that represents payment for tangible personal property , any product transferred electronically, and services provided by the membership organization.
Section 62. That subdivision (7) of § 10-45D-1 be amended to read as follows:
Section 63. That § 10-45D-2 be amended to read as follows:
10-45D-2. There is hereby imposed a tax of one percent on the gross receipts from any lodging establishment, campground, motor vehicle rental, visitor attraction, recreational equipment rental, recreational service, spectator event, and visitor-intensive business. The tax imposed by this section on the gross receipts of any visitor-intensive business shall apply to the gross receipts received by such business during the months of June, July, August, and September. The tax imposed by this section is in addition to any other tax imposed by chapters 10-45 and 10-46. Tangible personal property, any product transferred electronically, services, and admissions are subject to the tax imposed by this section only if subject to tax by chapters 10-45 and 10-46.
Section 64. That § 10-45D-6 be amended to read as follows:
10-45D-6. The tax imposed by § 10-45D-2 applies to the gross receipts from admission to a visitor attraction and from the sale of tangible personal property, any product transferred electronically, services, parking, or transportation at a visitor attraction.
Section 65. That § 10-45D-7 be amended to read as follows:
10-45D-7. The tax imposed by § 10-45D-2 applies to the gross receipts from admission to a spectator event and from the sale of tangible personal property, any product transferred electronically, services, parking, or transportation at a spectator event.
Section 66. That § 10-52A-1.1 be amended to read as follows:
10-52A-1.1. 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:
Section 67. That § 10-52A-1.3 be amended to read as follows:
10-52A-1.3. Gross receipts, as defined in § 10-52A-1.1, do not include:
Section 68. That § 10-43-5 be amended to read as follows:
10-43-5. The tax referred to in §§ 10-43-2 and 10-43-2.1 is in lieu of all other taxes and licenses, state, county and local, except taxes upon the institutions' real property, taxes upon the institutions' leased sites, and tangible personal property and products transferred electronically not normally used in extension of credit or acceptance of deposits and the retail
electronically
acquired by the financial institution through a foreclosure proceeding
shall be
are
exempt from such other taxes. The institutions taxed by §§ 10-43-2 and 10-43-2.1 are exempt
from other net income taxation by this state.
Section 69.
That
§
10-44-8
be amended to read as follows:
10-44-8.
Every
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
such
the
company and the retail
occupational
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.
