35-12B-13. Tax payments.
A direct shipper shall pay the alcohol excise tax as prescribed pursuant to §35-5-2, according to the rates established in subdivisions 35-5-3(2), (3), and (4). Notwithstanding the filing and payment requirements prescribed in chapter 35-5, a direct shipper shall include on the report required by §35-12B-11 the gallons of wine shipped to recipients in this state in each wine category as set forth in subdivisions 35-5-3(2), (3), and (4), and calculate the tax due for each wine category.
Additionally, the direct shipper shall pay the tax imposed by §35-5-6.1 on shipped wine based upon the purchase price of the wine sold to the consumer. The direct shipper shall remit the taxes quarterly on or before the fifteenth day of the month following each quarterly period.
A direct shipper that is also licensed as a farm winery under this title shall receive a credit for any alcohol excise tax paid pursuant to this title for any wine sold for shipment in this state by the direct shipper.
Source: SL 2015, ch 196, §14, eff. Jan. 1, 2016; SL 2018, ch 213, §133.
Structure South Dakota Codified Laws
Title 35 - Alcoholic Beverages
Chapter 12B - Direct Shipments Of Wine
Section 35-12B-1 - Definitions.
Section 35-12B-2 - Wine direct shipper license requirements.
Section 35-12B-3 - Wine carrier license requirements.
Section 35-12B-4 - Duration of wine direct shipper license and wine carrier license.
Section 35-12B-5 - Sale and shipment of wine registered for direct shipment--Requirements.
Section 35-12B-6 - Package labeling requirements--Penalty for violations.
Section 35-12B-7 - Delivery of shipment by wine carrier--Requirements--Penalty for violation.
Section 35-12B-8 - Limit on amount of wine received--Resale prohibited--Violation as misdemeanor.
Section 35-12B-9 - Shipment in accordance with federal permit--Violation as misdemeanor.
Section 35-12B-10 - State jurisdiction--Audit of records.
Section 35-12B-11 - Direct shipper quarterly reports.
Section 35-12B-12 - Wine carrier quarterly reports.
Section 35-12B-13 - Tax payments.
Section 35-12B-14 - Electronic submission of reports--Electronic tax payments.
Section 35-12B-16 - Promulgation of rules.
Section 35-12B-17 - Internet website list of wine labels registered for sale and shipment.