S.D. Admin. R. 64:06:03:46

Current through Register Vol. 50, page 162, June 24, 2024

Section 64:06:03:46 - Wholesale houses

Sales of tangible personal property or any product transferred electronically for use and consumption by the purchaser are sales at retail and such sales are taxable. Quantity or price of the property sold is immaterial. A transaction is not considered to be wholesale, unless the sale is strictly for the purpose of resale. The seller must obtain an exemption certificate showing the buyer's state tax permit number. If a purchaser from a jobber or wholesale house does not have a sales tax permit, except manufacturers or processors, the sale is presumed to be a retail transaction and taxable.

S.D. Admin. R. 64:06:03:46

SL 1975, ch 16, § 1; 13 SDR 129, 13 SDR 134, effective 7/1/1987; 21 SDR 219, effective 7/1/1995; 28 SDR 178, effective 7/1/2002; 35 SDR 48, effective 9/8/2008.

General Authority: SDCL 10-45-47.1(3), 10-46-35.1(3).

Law Implemented: SDCL 10-45-2, 10-45-2.4, 10-46-2, 10-46-2.2, 10-46-4.