10-46A-4. Gross receipts defined--Items not deductible.
For the purpose of this chapter, the term, gross receipts, means the amount received directly or indirectly in money, credits, property, or other money's worth in consideration of the performance of realty improvement contracts within this state, without any deduction on account of the cost of the property sold, the cost of materials used, the cost of services or labor purchased, amounts paid for interest or discounts or any other expenses whatsoever, nor may any deduction be allowed for losses. Gross receipts include those materials furnished to the prime contractor or subcontractor by the owner or the lessee of the realty improvement. For the purposes of measuring the tax imposed by this chapter, gross receipts include the greater of the cost or fair market value of materials used by a contractor or subcontractor in the performance of a contract regardless of whether the contractor or subcontractor owns or furnishes the materials.
Source: SL 1979, ch 84, §12J; SL 1984, ch 92, §5.
Structure South Dakota Codified Laws
Chapter 46A - Realty Improvement Contractor's Excise Tax
Section 10-46A-1.1 - Effective date--Application to contracts, sales and change orders.
Section 10-46A-1.2 - Contracts subject to tax imposed by chapter 10-46B.
Section 10-46A-1.3 - Tax measured by gross receipts upon accrual basis.
Section 10-46A-1.4 - Payment of tax on cash basis.
Section 10-46A-1.5 - Taxes on receipts of worthless accounts.
Section 10-46A-2 - Prime contractors and subcontractors subject to tax.
Section 10-46A-2.2 - Prime contractor--Definition.
Section 10-46A-3 - Total contract price as basis of tax--Purchased materials.
Section 10-46A-4 - Gross receipts defined--Items not deductible.
Section 10-46A-7 - Administration of tax--Sales tax provisions applicable.
Section 10-46A-8 - Report and payment of tax.
Section 10-46A-11 - Municipal tax on contractors--Rate--Restitution.
Section 10-46A-12.2 - When building permit not required.
Section 10-46A-13.1 - Violation of chapter as criminal offense--Classification.
Section 10-46A-14 - Restriction on application of rate increase.
Section 10-46A-15 - Contractor's excise tax license required--Application.
Section 10-46A-16 - Issuance of license--Assignment prohibited.
Section 10-46A-17 - Refusal to issue license for failure to pay tax--Bond.
Section 10-46A-18 - Exemption for floor laying.
Section 10-46A-18.1 - Exemption of repair shops, locksmiths, and locksmith shops.