South Dakota Codified Laws
Chapter 05B - Excise Tax On Motor Vehicles
Section 32-5B-24 - Tax credit for total loss of leased vehicle.

32-5B-24. Tax credit for total loss of leased vehicle.
If the motor vehicle lease tax has been paid on a qualifying lease under §§32-5B-1, 32-5B-1.1, 32-5B-4(7), and 32-5B-21 to 32-5B-24, inclusive, and prior to the expiration of the lease, the vehicle subject to the lease is destroyed by means such as fire, accident, or vandalism, to the extent that it constitutes a total loss of the vehicle, a credit for motor vehicle lease tax paid for the period remaining on the previous lease shall be allowed if another vehicle is substituted under the original lease or a new lease is executed with the intent to replace the vehicle subject to the previous lease. To initially qualify for the credit there must be a total loss of the vehicle subject to the previous lease, a new lease must be executed or a vehicle must be substituted under the original lease. To qualify for the credit, the new lease or substituted vehicle under the original lease shall be executed by the same lessor and lessee, for lease of a vehicle of the same or similar make, model, year, and options as the vehicle subject to the previous lease, for the remaining lease period of the previous lease, and for the same lease price. The lease shall contain the same lease terms as the previous lease.

Source: SL 2000, ch 145, §7.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 32 - Motor Vehicles

Chapter 05B - Excise Tax On Motor Vehicles

Section 32-5B-1 - Imposition of tax--Rate--Failure to pay as misdemeanor.

Section 32-5B-1.1 - Licensing and payment of tax on leased vehicles--Assessment of tax upon purchase by lessee--Lessor to assign title and certify price, fees and title.

Section 32-5B-1.2 - Leasing or rental company separate from dealership--Distinct name--Daily rental operations--Exemption from excise tax.

Section 32-5B-1.3 - Licensing and titling of used vehicle by dealer--Payment of tax by subsequent purchaser.

Section 32-5B-1.4 - Licensing and payment of excise tax on new vehicle by dealer.

Section 32-5B-1.5 - Payment of excise tax by dealer required to take title--Subsequent purchaser not exempt.

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.