South Dakota Codified Laws
Chapter 46A - Realty Improvement Contractor's Excise Tax
Section 10-46A-7 - Administration of tax--Sales tax provisions applicable.

10-46A-7. Administration of tax--Sales tax provisions applicable.
The secretary of revenue is hereby charged with the enforcement and administration of the provisions of this chapter, and as to licensing and reports, it shall be administered in the same manner as the tax imposed by chapter 10-45. For enforcement and interest purposes §§10-45-24 to 10-45-52, inclusive, and all amendments that may hereafter be made thereto shall apply to and be available and said sections are by reference incorporated herein.

Source: SL 1979, ch 84, §§12G, 12I; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §35, eff. Apr. 12, 2011.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 10 - Taxation

Chapter 46A - Realty Improvement Contractor's Excise Tax

Section 10-46A-1 - Tax imposed on prime contractor's receipts from realty improvement contracts--Rate of 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-1.8 - Filing return and remitting tax-Time for filing and remittance--Extension--Penalty for untimely return or remittance.

Section 10-46A-2 - Prime contractors and subcontractors subject to tax.

Section 10-46A-2.1 - Subcontractors--Definition--Certificate issued by prime contractor--Tax liability--Misuse of certificate--Government entities not to issue certificates.

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-5 - Improvement without contract taxable when sold within four years after completion--Exceptions--Determination of gross receipts.

Section 10-46A-5.1 - Tax imposed on improvements built for lease--Credit against tax on sale--Due date--Exemptions.

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 - Contractors may list excise and use taxes as separate line item on contracts and bills.

Section 10-46A-12.1 - Contractor to post excise tax license number with building permit for realty improvement project.

Section 10-46A-12.2 - When building permit not required.

Section 10-46A-13 - Personal liability of officers, managers, or partners of entity failing to file returns or pay tax--Security in lieu of liability--Bonded municipal officials exempt.

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.

Section 10-46A-19 - Promulgation of rules.