10-45-27.2. Collection allowance credit for collecting sales tax.
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 percent of the gross amount of the tax due. However, the credit may not exceed seventy 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 seventy 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 means.
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 department.
Source: SL 2006, ch 51, §1; SL 2013, ch 57, §1.
Structure South Dakota Codified Laws
Chapter 45 - Retail Sales And Service Tax
Section 10-45-1 - Definition of terms.
Section 10-45-1.1 - Gross receipts not to include late charge fees.
Section 10-45-1.2 - Gross receipts not to include refunded sale price of property.
Section 10-45-1.4 - Computation of tax to third decimal place.
Section 10-45-1.5 - Lease or rental defined--Exclusions.
Section 10-45-1.8 - Entire gross receipts from sale of bundled transactions subject to tax.
Section 10-45-1.9 - Bundled transaction defined.
Section 10-45-1.10 - Distinct and identifiable products--Exclusions.
Section 10-45-1.11 - One nonitemized price--Exclusions.
Section 10-45-1.12 - Bundled transaction--Exclusions.
Section 10-45-1.13 - De minimis defined.
Section 10-45-1.14 - Gross receipts defined.
Section 10-45-1.16 - Exclusions from definition of gross receipts.
Section 10-45-1.17 - Telecommunications service defined.
Section 10-45-1.19 - Gross receipts excludes tax imposed by certain chapters and sections.
Section 10-45-2 - Tax on sale of tangible property.
Section 10-45-2.1 - Tax on sales of sectional homes--Sectional homes defined.
Section 10-45-2.3 - Conditional or installment sales--Actual cash receipts subject to tax.
Section 10-45-2.6 - Definition of terms used in § 10-45-2.5.
Section 10-45-2.7 - Retailers processing orders electronically.
Section 10-45-2.8 - Retailers that are part of controlled group.
Section 10-45-4 - Tax on receipts from business services.
Section 10-45-4.1 - Services subject to taxation.
Section 10-45-4.2 - Certain purchases considered for resale purposes.
Section 10-45-5 - Tax on receipts from specific enumerated businesses and services.
Section 10-45-5.3 - Tax on oil and gas field services.
Section 10-45-6 - Tax on utility services.
Section 10-45-6.2 - Tax on certain mobile telecommunications services.
Section 10-45-6.3 - Call center defined--Exclusions.
Section 10-45-7 - Tax on room or parking site rentals to transient guests.
Section 10-45-7.1 - Exemption for lodging house or hotel membership fees.
Section 10-45-8 - Tax on admissions to amusements and athletic contests or events.
Section 10-45-9 - Constitutional and statutory exemptions from taxation.
Section 10-45-9.1 - Exemption of property sold for lease.
Section 10-45-11 - Exemption of fuel sales otherwise taxed.
Section 10-45-11.2 - Exemption of sales of motor vehicles exempt from excise tax.
Section 10-45-12.1 - Services specifically exempt from tax.
Section 10-45-12.2 - Exemption of engineering, architectural, and surveying services.
Section 10-45-12.5 - Exemption of certain sales commissions.
Section 10-45-13 - Exemption of receipts used for civic and nonprofit associations and purposes.
Section 10-45-13.1 - Exemption of membership organizations.
Section 10-45-13.3 - Exemption of lottery tickets.
Section 10-45-13.4 - Exemption of gross receipts from library copying charges.
Section 10-45-14.4 - Packaging and container materials as tax exempt raw material.
Section 10-45-14.5 - Packaging and container materials sold to retailers exempt.
Section 10-45-14.6 - Exemption of hospital meals paid for by public entity.
Section 10-45-14.7 - Exemption of authorized purchases made with food stamps.
Section 10-45-14.8 - Exemption of authorized purchases of food.
Section 10-45-14.9 - Exemption of certain insulin sales.
Section 10-45-14.10 - Exemption of certain drugs.
Section 10-45-14.11 - Exemption of certain durable medical equipment and prosthetic devices.
Section 10-45-14.12 - Exemption of certain medical devices.
Section 10-45-15 - Exemption of seed used for agricultural purposes.
Section 10-45-16 - Exemption of commercial fertilizer used for agricultural purposes.
Section 10-45-18.2 - Exemption of gross receipts from sales of certain animals.
Section 10-45-18.3 - Exemption of gross receipts from sale of feed and bedding for certain animals.
Section 10-45-18.4 - Exemption for sale of certain live nondomestic animals.
Section 10-45-18.5 - Exemption for sale of feed for certain nondomestic animals.
Section 10-45-18.6 - Exemption for sale of swine or cattle semen.
Section 10-45-19 - Exemption of fuel used for agricultural or railroad purposes.
Section 10-45-19.1 - Power charges for irrigation pumps exempt.
Section 10-45-19.3 - Exemption of bulk water for domestic use.
Section 10-45-20 - Exemptions applied to taxable services.
Section 10-45-20.1 - Exemption of payments between members of controlled group--Exception.
Section 10-45-20.3 - Controlled group defined.
Section 10-45-20.5 - Exemption of gross receipts from sale of services rendered--Exception.
Section 10-45-20.6 - Exemption of gross receipts from sale of certain replacement parts.
Section 10-45-21 - Tax additional to other occupation and privilege taxes.
Section 10-45-22 - Addition of tax to price of product or service.
Section 10-45-23 - Schedule for collection of tax from consumer.
Section 10-45-26 - Refusal of permit to delinquent taxpayer--Bond to secure payment of tax.
Section 10-45-27.2 - Collection allowance credit for collecting sales tax.
Section 10-45-29 - Deduction allowed for sales refunds.
Section 10-45-30.1 - Cash basis reporting and payment.
Section 10-45-30.2 - Accrual basis reporting and payment.
Section 10-45-31 - Receipts not issued for taxes remitted.
Section 10-45-35 - Appeals from decisions of secretary.
Section 10-45-37 - Jeopardy assessment of sales tax--Lien and distress warrant--Bond to pay tax.
Section 10-45-47.1 - Promulgation of rules.
Section 10-45-48.1 - Violation of chapter as criminal offense--Classification.
Section 10-45-52 - Tax proceeds credited to general fund.
Section 10-45-58 - Materials used by floor laying as purchases for resale.
Section 10-45-61.1 - Exemption certificate--Timing--Alternative information.
Section 10-45-62 - Exemption of large boats subject to excise tax.
Section 10-45-64 - Exemption of gaming proceeds.
Section 10-45-67 - Exemption of natural gas transportation services by pipeline.
Section 10-45-68 - Exemption for the sale of credit card processing services.
Section 10-45-72 - Inapplicability of tax.
Section 10-45-82 - Gross receipts from charge of interest exempted.
Section 10-45-83 - Pawnbrokers not eligible for exemption.
Section 10-45-84 - Fee or commission not subject to tax.
Section 10-45-85 - Temporary vendor to maintain inventory records--Violation as misdemeanor.
Section 10-45-86 - Temporary vendor to maintain sales receipts--Violation as misdemeanor.
Section 10-45-87 - Temporary vendor to furnish list of suppliers--Violation as misdemeanor.
Section 10-45-88 - Review and audit of temporary vendors.
Section 10-45-89 - Failure to maintain records--Revocation of temporary license.
Section 10-45-90 - Exemption for gross receipts from certain rodeo services.
Section 10-45-91 - Admissions to rodeos and related activities taxable.
Section 10-45-92 - Allowable deductions for auctioneers.
Section 10-45-94 - Exemption for gross receipts from direct mail service.
Section 10-45-94.1 - Direct mail defined.
Section 10-45-95 - Materials purchased by locksmiths are purchases for resale.
Section 10-45-96 - Tax on gross receipts of professional employer organization--Deduction available.
Section 10-45-97 - Professional employer organization defined.
Section 10-45-98 - Temporary help services not subject to §10-45-96.
Section 10-45-99 - Definitions.
Section 10-45-100 - Extension for remitting sales and use tax on manufacturing equipment.
Section 10-45-101 - Requirements for extension.
Section 10-45-102 - Extension applies to full costs and installation fees.
Section 10-45-103 - Application for extension permit--Permit nontransferable.
Section 10-45-104 - Secretary to prescribe form and documentation requirements.
Section 10-45-105 - Fraudulent claim--Tax due constitutes lien in favor of state.
Section 10-45-106 - Right to hearing on denial of extension request.
Section 10-45-107 - Promulgation of rules regarding filing extensions.
Section 10-45-108 - Sourcing of sales and services.
Section 10-45-109 - Registration and tax collection does not create nexus for other taxes.
Section 10-45-110 - Exemption for sale of coins, currency, or bullion.
Section 10-45-111 - Relief from liability for failing to collect tax at new rate--Conditions.
Section 10-45-112 - Exemption for nonprofit corporations created for fire protection.