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South Dakota Codified Laws — Title 10 (Taxation)

SDCL § 10-45-14

Exemption of sales to educational institutions and hospitals--Purchases for members or employees taxable--Motor vehicle registration fee--Lists maintained by exempt institutions

Official textsdlegislature.gov

There are specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, the gross receipts from sales of tangible personal property, any product transferred electronically, and services to and for use by religious educational institutions, private educational institutions currently recognized as exempt under section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 2011, and nonprofit, charitable hospitals when purchases are made by authorized officials, payment made from the institution funds and title to the property retained in the name of such institution. For the purposes of this section, a private educational institution shall be defined as an institution currently recognized as exempt under section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 2011, maintaining a campus physically located within this state; and accredited by the South Dakota Department of Education or the North Central Association of Colleges and Schools. For the purposes of this section, a religious educational institution shall be defined as an institution currently recognized as exempt under section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 2011, that maintains a campus physically located within this state.
This exemption does not extend to sales to or purchases of tangible personal property or any product transferred electronically for the personal use of officials, members or employees of such institutions or to sales to or purchases of tangible personal property or any product transferred electronically used in the operation of a taxable retail business.
The exemption provided in this section does not, in any manner, relieve the institution from the payment of the additional and further license fee imposed on the registration of motor vehicles.
Each institution claiming this exemption shall prepare and maintain a list of all purchases on which the exemption was claimed, fully itemized, showing name and address of vendors, description of property purchased, date or dates of purchase, purchase price, and brief explanation of use or intended use.

Last amended: Source: SDC 1939, § 57.3202 (8) as added by SL 1951, ch 445 ; SL 1983, ch 96 , § 1; SL 1988, ch 116 ; SL 1995, ch 68 , § 13; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2008, ch 51 , § 20; SL 2011, ch 57 , § 2.

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In this chapter (40 sections)
  1. 10-45-1 · Definition of terms
  2. 10-45-2 · Tax on sale of tangible property
  3. 10-45-3 · 10-45-3. Repealed by SL 2006, ch 58, § 15, eff. April 1, 2006
  4. 10-45-4 · Tax on receipts from business services
  5. 10-45-5 · Tax on receipts from specific enumerated businesses and…
  6. 10-45-6 · Tax on utility services
  7. 10-45-7 · Tax on room or parking site rentals to transient guests
  8. 10-45-8 · Tax on admissions to amusements, athletic contests, or events
  9. 10-45-9 · Constitutional and statutory exemptions from taxation
  10. 10-45-10 · Exemption of sales to United States, states, municipalities,…
  11. 10-45-11 · Exemption of fuel sales otherwise taxed
  12. 10-45-12 · 10-45-12. Repealed by SL 1981, ch 103, § 2
  13. 10-45-13 · Exemption of receipts used for civic and nonprofit…
  14. 10-45-14 · Exemption of sales to educational institutions and…
  15. 10-45-15 · Exemption of seed used for agricultural purposes
  16. 10-45-16 · Exemption of commercial fertilizer used for agricultural…
  17. 10-45-18 · Exemption of sales of livestock, poultry, ostriches, emus,…
  18. 10-45-19 · Exemption of fuel used for agricultural or railroad purposes
  19. 10-45-20 · Exemptions applied to taxable services
  20. 10-45-21 · Tax additional to other occupation and privilege taxes
  21. 10-45-22 · Addition of tax to price of product or service
  22. 10-45-23 · Schedule for collection of tax from consumer
  23. 10-45-24 · Application for retailer permit--Contents and…
  24. 10-45-25 · Issuance of retailer permit--Limited to person and place…
  25. 10-45-26 · Refusal of permit to delinquent taxpayer--Bond to secure…
  26. 10-45-27 · 10-45-27, 10-45-27.1. Repealed by SL 2006, ch 61, §§ 2, 10,…
  27. 10-45-28 · 10-45-28. Repealed by SL 2007, ch 65, § 2
  28. 10-45-29 · Deduction allowed for sales refunds
  29. 10-45-30 · Bad debts--Deduction from amount upon which tax is…
  30. 10-45-31 · Receipts not issued for taxes remitted
  31. 10-45-32 · 10-45-32, 10-45-33. Repealed by SL 1986, ch 111, § 27
  32. 10-45-34 · 10-45-34. Repealed by SL 2010, ch 69, § 5
  33. 10-45-35 · Appeals from decisions of secretary
  34. 10-45-36 · 10-45-36. Repealed by SL 2010, ch 69, § 6
  35. 10-45-37 · Jeopardy assessment of sales tax--Lien and distress…
  36. 10-45-38 · 10-45-38 to 10-45-41.1. Repealed by SL 1986, ch 111, § 28
  37. 10-45-42 · Endorsement and return of uncollectible warrant--Liability…
  38. 10-45-43 · 10-45-43, 10-45-44. Repealed by SL 1986, ch 111, § 29
  39. 10-45-45 · Records preserved by persons subject to tax--Inspection by…
  40. 10-45-46 · 10-45-46. Repealed by SL 1978, ch 70, § 7
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