CHAPTER 10-45
RETAIL SALES AND SERVICE TAX
10-45-1
Definition of terms.
10-45-1.1
Gross receipts not to include late charge fees.
10-45-1.2
Gross receipts not to include refunded sale price of property.
10-45-1.3
Gross receipts not to include credit or trade-in value of certain personal property.
10-45-1.4
Computation of tax to third decimal place.
10-45-1.5
Lease or rental defined--Exclusions.
10-45-1.6
Exemption for gross receipts pursuant to contract requiring retailer to display
products or signage--Exception.
10-45-1.7
Certain nontaxable portions of bundled telecommunications transactions subject to
tax.
10-45-1.8
Entire gross receipts from sale of bundled transactions subject to tax.
10-45-1.9
Bundled transaction defined.
10-45-1.10
Distinct and identifiable products--Exclusions.
10-45-1.11
One nonitemized price--Exclusions.
10-45-1.12
Bundled transaction--Exclusions.
10-45-1.13
De minimis defined.
10-45-1.14
Gross receipts defined.
10-45-1.15
Conditions under which gross receipts include consideration retailer received from
third parties.
10-45-1.16
Exclusions from definition of gross receipts.
10-45-1.17
Telecommunications service defined.
10-45-1.18
Definition of terms related to telecommunications service and ancillary services.
10-45-2
Tax on sale of tangible property.
10-45-2.1
Tax on sales of sectional homes--Sectional homes defined.
10-45-2.2
Materials incorporated in construction work--Restriction on application of rate
increase.
10-45-2.3
Conditional or installment sales--Actual cash receipts subject to tax.
10-45-2.4
Tax on products transferred electronically.
10-45-2.5
Retailer engaged in business of selling tangible personal property, services, and
products transferred electronically for use in state.
10-45-2.6
Definition of terms used in § 10-45-2.5.
10-45-2.7
Retailers processing orders electronically.
10-45-2.8
Retailers that are part of controlled group.
10-45-2.9
Retailers having contractual relationship with entity for installation, maintenance, or
repair of purchases.
10-45-3
Repealed.
10-45-3.1
Repealed.
10-45-3.2, 10-45-3.3. Repealed.
10-45-3.4
Exemption of certain parts, repairs, or maintenance on agricultural or irrigation
equipment.
10-45-3.5
Exemption for gross receipts from sale, resale, or lease of farm machinery,
attachment units, and irrigation equipment.
10-45-4
Tax on receipts from business services.
10-45-4.1
Services subject to taxation.
10-45-4.2
Certain purchases considered for resale purposes.
10-45-5
Tax on receipts from specific enumerated businesses and services.
10-45-5.1
Coin operated washers and dryers--License in lieu of tax--Failure to pay fee as
misdemeanor--Interest--Collection.
10-45-5.2
Services enumerated in standard industrial classification manual subject to tax--Other
services subject to tax.
10-45-5.3
Tax on oil and gas field services.
10-45-5.4
Repealed.
10-45-5.5
Chemicals purchased for use by lawn and garden services considered purchases for
resale.
10-45-5.6
Exemptions for charitable organization devoted exclusively to relief of poor,
distressed or underprivileged.
10-45-6
Tax on utility services.
10-45-6.1
Tax on intrastate, interstate, or international telecommunications service--Exemptions.
10-45-6.2
Tax on certain mobile telecommunications services.
10-45-6.3
"Call center" defined--Exclusions.
10-45-7
Tax on room or parking site rentals to transient guests.
10-45-7.1
Exemption for lodging house or hotel membership fees.
10-45-8
Tax on admissions to amusements and athletic contests or events.
10-45-8.1
Repealed.
10-45-8.2
Repealed.
10-45-9
Constitutional and statutory exemptions from taxation.
10-45-9.1
Exemption of property sold for lease.
10-45-10
Exempt sales to United States, states, municipalities, charities, and Indian tribes.
10-45-10.1
Repealed.
10-45-10.2
Repealed.
10-45-10.3
Exemption of freeport merchandise and stocks of merchandise brought as foreign or
domestic merchandise into foreign trade zone--Stocks of merchandise defined--Application.
10-45-10.4
Exemption of handling fees paid by religious organizations to relief agencies for food
distribution through giveaway programs.
10-45-11
Exemption of sales otherwise taxed.
10-45-11.1
Exemption of goods and services furnished to meet warranty obligation without
charge.
10-45-11.2
Exemption of gross receipts from sale of motor vehicles exempt from excise tax.
10-45-11.3
Repealed.
10-45-12
Repealed.
10-45-12.1
Services specifically exempt from tax.
10-45-12.2
Exemption of engineering, architectural, and surveying services.
10-45-12.3
Repealed.
10-45-12.4
Certain services provided to rural water system by wholly owned cooperative or
nonprofit corporation exempt from tax.
10-45-12.5
Exemption of certain sales commissions.
10-45-12.6
Exemption for credit services by credit bureaus to certain financial institutions.
10-45-12.7
Exemption for gross receipts of person officiating amateur sporting event--Exception.
10-45-13
Exemption of receipts used for civic and nonprofit associations and purposes.
10-45-13.1
Exemption of membership organizations.
10-45-13.2
Exemption of fair market value of personal property or service given without charge
to exempt organization.
10-45-13.3
Exemption of lottery tickets.
10-45-13.4
Exemption of gross receipts from library copying charges.
10-45-13.5
Exemption of receipts received by the state and political subdivisions from
management services provided to nonprofit entity.
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.
10-45-14.1
Repealed.
10-45-14.2
Ink and newsprint exempt when used to produce shoppers' guides--Shoppers' guides
defined.
10-45-14.3
Repealed.
10-45-14.4
Packaging and container materials as tax exempt raw material.
10-45-14.5
Packaging and container materials sold to retailers exempt.
10-45-14.6
Exemption of hospital meals paid for by public entity.
10-45-14.7
Exemption of authorized purchases made with food stamps.
10-45-14.8
Exemption of authorized purchases of food.
10-45-14.9
Exemption of certain insulin sales.
10-45-14.10
Exemption of certain drugs.
10-45-14.11
Exemption of certain durable medical equipment and prosthetic devices.
10-45-14.12
Exemption of certain medical devices.
10-45-15
Exemption of seed used for agricultural purposes.
10-45-15.1
Repealed.
10-45-16
Exemption of commercial fertilizer used for agricultural purposes.
10-45-16.1
Exemption of pesticides and products or substances used in conjunction with
application of pesticides used for agricultural purposes--Use of funds from tax on
endoparasiticides and ectoparasiticides.
10-45-16.2
Exemption of gross receipts from rental of devices used to apply agricultural
fertilizers and pesticides.
10-45-16.3
Exemption of gross receipts from rental of agricultural devices owned by
conservation district.
10-45-16.4, 10-45-17. Repealed.
10-45-18
Exemption of sales of livestock, poultry, ostriches, emus, or rheas other than ultimate
retail sale.
10-45-18.1
Exemption of gross receipts from sale of live gamebirds by producer to certain
nonprofit organizations.
10-45-18.2
Exemption of gross receipts from sales of certain animals.
10-45-18.3
Exemption of gross receipts from sale of feed and bedding for certain animals.
10-45-18.4
Exemption for sale of certain live nondomestic animals.
10-45-18.5
Exemption for sale of feed for certain nondomestic animals.
10-45-18.6
Exemption for sale of swine or cattle semen.
10-45-19
Exemption of fuel used for agricultural or railroad purposes.
10-45-19.1
Power charges for irrigation pumps exempt.
10-45-19.2
Repealed.
10-45-19.3
Exemption of bulk water for domestic use.
10-45-20
Exemptions applied to taxable services.
10-45-20.1
Exemption of payments between members of controlled group--Exception.
10-45-20.2
Exemption of payments between members of controlled group--Reimbursement for
third-party services to group.
10-45-20.3
"Controlled group" defined.
10-45-20.4
Repealed.
10-45-20.5
Exemption of gross receipts from sale of services rendered--Exception.
10-45-20.6
Exemption of gross receipts from sale of certain replacement parts.
10-45-20.7, 10-45-20.8. Repealed.
10-45-21
Tax additional to other occupation and privilege taxes.
10-45-22
Addition of tax to price of product or service.
10-45-23
Schedule for collection of tax from consumer.
10-45-24
Application for retailer permit--Contents and execution--Application for statewide
permit--Exceptions.
10-45-25
Issuance of retailer permit--Limited to person and place designated--Display in place
of business--Effective until canceled or revoked.
10-45-26
Refusal of permit to delinquent taxpayer--Bond to secure payment of tax.
10-45-27, 10-45-27.1. Repealed.
10-45-27.2
Credit for timely filing of return and remittance of tax on monthly basis.
10-45-27.3
Filing return and remitting tax--Time for filing and remittance--Extension--Penalty
for untimely return or remittance.
10-45-28
Repealed.
10-45-28.1
Repealed.
10-45-29
Deduction allowed for sales refunds.
10-45-29.1
Deduction allowed attorneys and accountants for amounts spent on behalf of clients.
10-45-30
Bad debts--Deduction from amount upon which tax is calculated--Return deduction
allowed--Credit or refund.
10-45-30.1
Cash basis reporting and payment.
10-45-30.2
Accrual basis reporting and payment.
10-45-31
Receipts not issued for taxes remitted.
10-45-32, 10-45-33. Repealed.
10-45-34
Revocation of retailer's license for failure to file return or pay tax--Continuation in
business a misdemeanor.
10-45-35
Appeals from decisions of secretary.
10-45-36
Reinstatement of revoked retailer's license--Fee.
10-45-37
Jeopardy assessment of sales tax--Lien and distress warrant--Bond to pay tax.
10-45-38 to 10-45-41.1. Repealed.
10-45-42
Endorsement and return of uncollectible warrant--Liability of officer for failure to
issue or execute warrant.
10-45-43, 10-45-44. Repealed.
10-45-45
Records preserved by persons subject to tax--Inspection by department.
10-45-46
Repealed.
10-45-47
Superseded.
10-45-47.1
Promulgation of rules.
10-45-48
Repealed.
10-45-48.1
Violation of chapter as criminal offense--Classification.
10-45-49 to 10-45-51. Repealed.
10-45-52
Tax proceeds credited to general fund.
10-45-53, 10-45-54. Repealed.
10-45-55
Personal liability of officers, managers, or partners of entity failing to file returns or
pay tax--Security in lieu of liability--Bonded municipal officials exempt.
10-45-56
Repealed.
10-45-57
Obsolete.
10-45-58
Materials used by floor laying as purchases for resale.
10-45-59, 10-45-60. Repealed.
10-45-61
Exemption certificate--Responsibilities of purchaser--Violation as misdemeanor--Retention of certificate--Rules and forms.
10-45-61.1
Time for presenting exemption certificate or proving transaction not subject to tax
by other means.
10-45-62
Exemption of large boats subject to excise tax.
10-45-63
Repealed.
10-45-64
Exemption of gaming proceeds.
10-45-65, 10-45-66. Repealed.
10-45-67
Exemption of natural gas transportation services by pipeline.
10-45-68
Exemption for the sale of credit card processing services.
10-45-69
Repealed.
10-45-69.1 to 10-45-69.10. Repealed.
10-45-70
Repealed.
10-45-71
Passenger transportation gross receipts tax imposed--Transportation to be within
state.
10-45-72
Inapplicability of tax.
10-45-73 to 10-45-79. Repealed.
10-45-80
Repealed.
10-45-81
Repealed.
10-45-82
Gross receipts from charge of interest exempted.
10-45-83
Pawnbrokers not eligible for exemption.
10-45-84
Fee or commission not subject to tax.
10-45-85
Temporary vendor to maintain inventory records--Violation as misdemeanor.
10-45-86
Temporary vendor to maintain sales receipts--Violation as misdemeanor.
10-45-87
Temporary vendor to furnish list of suppliers--Violation as misdemeanor.
10-45-88
Review and audit of temporary vendors.
10-45-89
Failure to maintain records--Revocation of temporary license.
10-45-90
Exemption for gross receipts from certain rodeo services.
10-45-91
Admissions to rodeos and related activities taxable.
10-45-92
Allowable deductions for auctioneers.
10-45-92.1
Retail sales include auctions, consignments, products transferred electronically, and
services--Responsibilities of auction clerk and auctioneer.
10-45-93
Exemption for gross receipts from international sale of agricultural and industrial
equipment.
10-45-94
Mailing service--gross receipts.
10-45-95
Materials purchased by locksmiths are purchases for resale.
10-45-96
Tax on gross receipts of professional employer organization--Deduction available.
10-45-97
"Professional employer organization" defined.
10-45-98
Temporary help services not subject to § 10-45-96.
10-45-99
Definitions.
10-45-100
Extension for remitting sales and use tax on manufacturing equipment.
10-45-101
Requirements for extension.
10-45-102
Extension applies to full costs and installation fees.
10-45-103
Application for extension permit--Permit nontransferable.
10-45-104
Secretary to prescribe form and documentation requirements.
10-45-105
Fraudulent claim--Tax due constitutes lien in favor of state.
10-45-106
Right to hearing on denial of extension request.
10-45-107
Promulgation of rules.
10-45-108
Sourcing of sales and services.
10-45-109
Registration and tax collection does not create nexus for other taxes.
10-45-110
Exemption for sale of coins, currency, or bullion.