AMENDMENT FOR PRINTED BILL
___________________ moved that SB 106 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 10-45-27.2 be amended to read:
10-45-27.2. Any person required to file a return and remit the tax imposed by chapter 10-45, who
holds a license issued pursuant to chapter 10-45, who timely files the return due, and who timely
remits the tax due, is allowed, as compensation for the expense of collecting and paying the tax, a
credit equal to one and
one-half four-tenths percent of the gross amount of the tax due. However, the
credit may not exceed seventy sixty-five dollars per return period.
If a person is required to file a return and to remit tax more than once within a thirty day period,
the collection allowance credit may not exceed
dollars for all returns filed and all
remittances made within the thirty day period.
The collection allowance credit authorized by this section only applies to taxes reported on the
sales and use tax return, including the taxes imposed by chapters 10-45, 10-45D, 10-46, 10-46E, 10-52, 10-52A, 10-58, and 10-33A, and §§ 32-5B-20 and 10-62-2.
The collection allowance credit authorized by this section shall be granted for any return to be
filed and for any tax to be remitted after January 1, 2014.
The collection allowance credit authorized by this section shall only be granted to a person who
timely files the return due by electronic means and who timely remits the tax due by electronic
For any tax collected by the department on behalf of another entity, upon which the collection
allowance credit is calculated, the entities shall negotiate in good faith to share in the payment of the
collection allowance credit. The department may implement such allocation of collection allowance
credit directly or through the adjustment of any administrative fee charged pursuant to § 10-59-52.
No person that has selected a certified service provider as its agent as set forth in § 10-45C-1 is
entitled to the collection allowance credit authorized by this section if the certified service provider
receives a monetary allowance as provided by the Streamlined Sales and Use Tax Agreement
authorized by chapter 10-45C for performing the retailer's sales and use tax functions in this state.
No collection allowance credit authorized by this section may be granted to any person who has
outstanding tax returns due to the department or who has outstanding tax remittances due to the
Section 2. That the code be amended by adding a NEW SECTION to read:
Any additional revenue available to the state general fund as a result of this Act shall be used to
either balance the state's fiscal year 2018 budget or fund the building South Dakota program."