Exemption certificate for taxes,
time period to obtain a certificate revised.
ENTITLED, An Act to
revise the time period for sellers to obtain an exemption certificate for
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended by adding thereto a NEW SECTION to read as
Notwithstanding the provisions of
10-45-61, 10-54-1, 10-59-3, and 10-59-7, if the seller has
not obtained an exemption certificate or all relevant data elements for exemption certificates, the
seller may, within one hundred twenty days subsequent to a request for substantiation, either prove
that the transaction was not subject to tax by other means or obtain a fully completed exemption
certificate from the purchaser. Any exemption certificate presented after one hundred twenty days
need not be considered by the department.
Signed January 30, 2007