CHAPTER 59

(HB 1055)

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 certain 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:

     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
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