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:
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:
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:
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;
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 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 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 the goods or services are not charged to the purchaser or 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:
expended for religious, benevolent, fraternal, youth association or charitable purposes,
and, except for any bingo or lottery, the receipts are not the result of engaging in business
for more than three consecutive days. However, receipts from tangible personal property,
any product transferred electronically, or services purchased for use in the activity are
included in the measure of sales tax;
activity are included in the measure of sales tax;
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 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.
pay the use tax on the next filing of the purchaser's return.
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:
Section 31. That subdivision (3) of § 10-46-1 be amended to read as follows:
and packing;
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:
payments; or
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 a contract or to fulfill contract or subcontract obligations, whether the title to the property is in the name of the contractor, subcontractor, contractee, subcontractee, or any other person, or whether the titleholder of the property would be subject to pay the sales or use tax, the contractor or subcontractor shall pay a tax at the rate prescribed by § 10-45-2, measured by the purchase price or fair market value of the property, whichever is greater, unless the property has been previously subjected to a sales or use tax, in this state and the tax due thereon has been paid. However, if the contractor or subcontractor fabricates tangible personal property for use in the performance of a contract, fair market value excludes the value of the contractor's or subcontractor's fabrication costs.
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 the manufacturer outside of this state is exempt from the tax imposed by this chapter.
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. However, no credit may be given under this section where taxes paid on tangible personal property, any product transferred electronically, or services in another state or its political subdivisions of that state does not reciprocally grant a credit for taxes paid on similar tangible personal property or any product transferred electronically.
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 the tangible personal property or the product transferred electronically was sold for use in 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, by rule promulgated pursuant to chapter 1-26, requires a receipt. The retailer shall list with the secretary of revenue and regulation the name and address of all the retailer's agents operating in this state, and the location of any 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 the retailer for use, storage, or
consumption. The list shall contain the total amount of the purchase price of all such personal
property so purchased during the period by such persons. The list required to be submitted need not
contain any information on the sale of tangible personal property 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. The retailer shall be issued, without charge, a permit to
collect 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 any tangible personal property or any product transferred electronically sold
to 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. The authority and permit may be canceled 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 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 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 tangible personal property, any
product transferred electronically, or services sold by the retailer during 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. 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 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 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 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.
Each retailer required or authorized to collect taxes imposed by this chapter and 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 the secretary's duly authorized agents 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 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 if the secretary of revenue and regulation deems it advisable and so 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:
charges.
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 sales tax or the use tax on tangible personal property and any product transferred electronically. However, tangible personal property and any product transferred electronically acquired by the financial institution through a foreclosure proceeding 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. 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.
An Act to revise certain provisions related to the taxation of products transferred electronically.
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I certify that the attached Act originated in the
HOUSE as
Bill
No.
1017
____________________________ Chief Clerk ____________________________ Speaker of the House
Attest:
____________________________ Chief Clerk
____________________________
Attest:
____________________________ Secretary of the Senate
House
Bill
No.
1017
File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________ for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________ Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
