South Dakota Codified Laws
Chapter 46B - Alternate Realty Improvement Contractor's Excise Tax
Section 10-46B-1.1 - Tax measured on accrual basis.

10-46B-1.1. Tax measured on accrual basis.
The secretary of revenue shall allow contractors to report and pay contractor's excise tax measured by gross receipts upon an accrual basis if:
(1)The contractor has not changed his basis in the previous calendar year;
(2)The contractor's records are kept in a manner which may be audited to determine whether contractor's excise tax and use tax are paid for all realty improvement contracts;
(3)The contractor has made a written request to the secretary of revenue for authority to pay tax on the accrual basis; and
(4)Authority to pay tax on the accrual basis applies only to realty improvement contracts commencing after the authority is granted.

Source: SL 1990, ch 93, §4; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 10 - Taxation

Chapter 46B - Alternate Realty Improvement Contractor's Excise Tax

Section 10-46B-1 - Tax imposed on receipts from certain realty improvement contracts--Rate of tax.

Section 10-46B-1.1 - Tax measured on accrual basis.

Section 10-46B-1.2 - Tax paid on cash basis.

Section 10-46B-1.3 - Taxes on receipts of worthless accounts.

Section 10-46B-1.6 - Filing return and remitting tax--Time for filing and remittance--Extension--Penalty for untimely return or remittance.

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

Section 10-46B-3 - Total contract price as basis of tax.

Section 10-46B-4 - Gross receipts defined--Items not deductible.

Section 10-46B-5 - Improvement without contract taxable when sold within four years after completion--Exceptions--Determination of gross receipts.

Section 10-46B-6 - Administration of tax--Sales tax provisions applicable.

Section 10-46B-7 - Report and payment of tax.

Section 10-46B-9 - Municipal tax on contractors--Rate--Restitution.

Section 10-46B-10 - Contractors may list excise and use taxes as separate line item on contracts and bills.

Section 10-46B-10.1 - Contractor to post excise tax license number with building permit for a realty improvement contract.

Section 10-46B-11 - 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 10-46B-11.1 - Violation of chapter as criminal offense--Classification.

Section 10-46B-12 - Prospective application of increases in tax.

Section 10-46B-13 - Contractor's excise tax license required--Application.

Section 10-46B-14 - Issuance of license--Assignment prohibited.

Section 10-46B-15 - Refusal to issue license for failure to pay tax--Bond.

Section 10-46B-16 - Exemption for floor laying.

Section 10-46B-16.1 - Exemption of repair shops, locksmiths, and locksmith shops.

Section 10-46B-17 - Allocation of certain revenues to water and environment fund.

Section 10-46B-18 - Promulgation of rules.