10-61-1 Refund of sales and use tax paid by contractor or subcontractor upon certain fabricated ta...
10-61-1.
Refund of sales and use tax paid by contractor or subcontractor upon certain
fabricated tangible personal property--Application.
A contractor or subcontractor licensed pursuant
to chapter 10-46A or 10-46B may apply for a refund of South Dakota sales and use tax paid by such
contractor if:
(1)
The sales and use tax subject to the refund request was paid by the contractor or
subcontractor requesting the refund for the use of tangible personal property;
(2)
The tangible personal property upon which the sales and use tax was paid was purchased
by the contractor or subcontractor requesting the refund;
(3)
The tangible personal property upon which the sales and use tax was paid was fabricated
by the contractor or subcontractor in South Dakota;
(4)
The fabricated tangible personal property was used outside of South Dakota by the
contractor or subcontractor in the performance of a contract;
(5)
The fabricated tangible personal property is not returned to South Dakota; and
(6)
The fabricated tangible personal property is exempt from sales or use tax in the state
where the contract is performed.
Source: SL 2005, ch 86, § 1.