South Dakota Codified Laws — Title 10 (Taxation)
SDCL § 10-46A-5
Improvement without contract taxable when sold within four years after completion--Exceptions--Determination of gross receipts
If any person, except for a person making an isolated or occasional realty improvement and who does not hold himself out as engaging in the business of making realty improvements, makes a realty improvement without a realty improvement contract and subsequently sells the property containing the realty improvement or the realty improvement at any time subsequent to the commencement of the project and within four years of its completion, the gross receipts from the sale of the realty improvement shall be subject to the excise tax imposed on the gross receipts of contractors engaged in realty improvement contracts. In determining the gross receipts from the sale of such realty improvements when land or land and improvements completed four years prior to sale are included in the sale, land and such improvements shall be valued at cost or fair market value, whichever is greater, and the portion of the gross receipts attributable to land or land and improvements completed four years prior to sale shall be deducted from the sale price.
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In this chapter (40 sections)
- 10-46-60 · 10-46-60. Repealed by SL 2004, ch 94, § 14
- 10-46-61 · 10-46-61. Repealed by SL 2001, ch 56, § 16
- 10-46-62 · Gross receipts from charge of interest exempted
- 10-46-63 · Exemption for use of certain rodeo services
- 10-46-64 · Exemption of repair shops, locksmiths, locksmith shops, and…
- 10-46-65 · Exemptions
- 10-46-66 · Retail sales include auctions, consignments, products…
- 10-46-67 · Department authorized to issue direct payment permits to…
- 10-46-68 · Exemption for lodging house or hotel membership fees
- 10-46-69 · Tax on use of certain mobile telecommunications services
- 10-46-70 · Exemption of receipts received by the state and political…
- 10-46-71 · Exemption for sale of coins, currency, or bullion
- 10-46-72 · Relief from liability for failing to report tax at new…
- 10-46-73 · Exemption for nonprofit corporations created for fire…
- 10-46-74 · Exemption--Coaches
- 10-46-75 · Exemption--Certain services rendered to a partnership
- 10-46A-1 · Tax imposed on prime contractor's receipts from realty…
- 10-46A-2 · Prime contractors and subcontractors subject to tax
- 10-46A-3 · Total contract price as basis of tax--Purchased materials
- 10-46A-4 · Gross receipts defined--Items not deductible
- 10-46A-5 · Improvement without contract taxable when sold within four…
- 10-46A-6 · 10-46A-6. Repealed by SL 1980, ch 100, § 5
- 10-46A-7 · Administration of tax--Sales tax provisions applicable
- 10-46A-8 · Report and payment of tax
- 10-46A-9 · 10-46A-9. Repealed by SL 2017, ch 66, § 2
- 10-46A-10 · 10-46A-10. Repealed by SL 1980, ch 100, § 7
- 10-46A-11 · Municipal tax on contractors--Rate--Restitution
- 10-46A-12 · Contractors may list excise and use taxes as separate line…
- 10-46A-13 · Personal liability of officers, managers, or partners of…
- 10-46A-14 · Restriction on application of rate increase
- 10-46A-15 · Contractor's excise tax license required--Application
- 10-46A-16 · Issuance of license--Assignment prohibited
- 10-46A-17 · Refusal to issue license for failure to pay tax--Bond
- 10-46A-18 · Exemption for floor laying
- 10-46A-19 · Promulgation of rules
- 10-46B-1 · Tax imposed on receipts from certain realty improvement…
- 10-46B-2 · Prime contractors and subcontractors subject to tax
- 10-46B-3 · Total contract price as basis of tax
- 10-46B-4 · Gross receipts defined--Items not deductible
- 10-46B-5 · Improvement without contract taxable when sold within four…