ARSD § 64:06:01:64 — Sourcing rules for lease or rental of tangible personal property not included in § 64:06:01:65 or 64:06:01:66

64:06:01:64. Sourcing rules for lease or rental of tangible
personal property not included in § 64:06:01:65 or 64:06:01:66. For a
lease or rental that requires recurring periodic payments, the first periodic
payment is sourced as provided in § 64:06:01:63. Subsequent periodic
payments are sourced to the primary property location for each period covered
by the payment. The primary property location shall be as indicated by an
address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course
of business, provided that the use of this address does not constitute bad
faith. The property location may not be altered by intermittent use at
different locations, such as use of business property that accompanies
employees on business trips or service calls.
For a lease or rental that does not
require recurring periodic payments, the payment is sourced as provided in
§ 64:06:01:63.
This rule does not apply to the
imposition or computation of sales or use tax on leases or rentals based on a
lump sum or accelerated basis or on the acquisition of property for lease.