32-5B-1.2. Leasing or rental company separate from dealership--Distinct name--Daily rental operations--Exemption from excise tax.
Any leasing or rental company which operates within the principal place of business of a dealer, licensed pursuant to chapter 32-6B, is a business separate from the dealership for the purposes of this chapter. A leasing company shall title, license, and tax any leased vehicle which is leased for more than twenty-eight days in a name that is distinct and separate from that of the dealership name as indicated on the dealer license under chapter 32-6B. If the lessee is a rental company leasing vehicles for use in a daily rental operation, neither the lessor nor the lessee is required to pay the excise tax. In order to be exempt, the rental company shall be indicated on the title as the lessee. A rental company shall title and license any rental vehicle which is rented for twenty-eight days or less which is part of the rental company in a name that is distinct and separate from that of the dealership name as indicated on the dealer license under chapter 32-6B.
Source: SL 1986, ch 248, §3; SL 1988, ch 246; SL 1993, ch 219, §7; SL 1994, ch 245, §4.
Structure South Dakota Codified Laws
Chapter 05B - Excise Tax On Motor Vehicles
Section 32-5B-1 - Imposition of tax--Rate--Failure to pay as misdemeanor.
Section 32-5B-1.4 - Licensing and payment of excise tax on new vehicle by dealer.
Section 32-5B-2 - Exempt vehicles.
Section 32-5B-2.2 - Exemption for self-propelled agricultural application unit.
Section 32-5B-3 - Dealer's inventory exempt--Filing required.
Section 32-5B-4 - Purchase price defined.
Section 32-5B-4.1 - Insurance check included in trade-in value.
Section 32-5B-6 - Use of dealers' guide for used motor vehicles.
Section 32-5B-8 - Fixing value, capacity, and weight of rebuilt or foreign vehicle.
Section 32-5B-9 - Information to be presented by new owner of vehicle--Falsification as felony.
Section 32-5B-10 - Payment of tax.
Section 32-5B-11 - Credit for taxes paid to this or another state.
Section 32-5B-12 - Proration of tax on proportionally registered vehicles.
Section 32-5B-14 - Title issuance or transfer prohibited unless tax paid--Exception.
Section 32-5B-15 - Rules authorized.
Section 32-5B-16 - Records required of sellers--Inspection.
Section 32-5B-17 - Disposition of revenue.
Section 32-5B-18 - "Siblings" defined.
Section 32-5B-19 - Rental vehicle and leased vehicle defined.
Section 32-5B-20 - Gross receipts tax on vehicle rental--Violation as misdemeanor.
Section 32-5B-21 - Applicability of tax on leased vehicles--Leasing information required.
Section 32-5B-22 - No tax refund for early termination of lease.
Section 32-5B-23 - Tax on vehicles leased in another state--Credit for tax paid to another state.
Section 32-5B-24 - Tax credit for total loss of leased vehicle.
Section 32-5B-25 - Excise taxes on off-road vehicles deposited in general fund.