Add Notes

State of South Dakota  
SEVENTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY,  2003
 

400I0276  
SENATE ENGROSSED   NO. SB 35   -   02/22/2003  
This bill has been extensively amended (hoghoused) and may no longer be consistent with the original intention of the sponsor.
Introduced by:     The Committee on Taxation at the request of the Department of Revenue  



         FOR AN ACT ENTITLED, An Act to  exempt certain gross receipts from sales and use taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:
     Any rebate, buy down, credit, or other payment received by a retailer from a manufacturer, wholesaler, or other person who is not the purchaser of the sale of a product or service does not constitute gross receipts subject to the tax imposed by this chapter.
     Section  2.  That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:
     Any payment, including money, credits, property, or other consideration from a wholesaler, manufacturer, or other person for preferential display or placement of a service or a product does not constitute gross receipts subject to the tax imposed by this chapter.
     Section  3.  That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:
     Any rebate, buy down, credit, or other payment received by a retailer from a manufacturer,

wholesaler, or other person who is not the purchaser of the sale of a product or service does not constitute gross receipts subject to the tax imposed by this chapter.
     Section  4.  That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

     Any payment, including money, credits, property, or other consideration from a wholesaler, manufacturer, or other person for preferential display or placement of a service or a product does not constitute gross receipts subject to the tax imposed by this chapter.