ENTITLED, An Act
clarify who is responsible to file the return and remit the sales tax due from
auctions.
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:
All auction sales and consignment sales of tangible personal property and services are sales at
retail. The auction clerk shall file the return and remit the tax imposed by this chapter on the gross
receipts from each auction after applying the deductions provided by
§
10-45-92. However, the
auctioneer is responsible for the payment of the tax imposed by this chapter if the auction clerk is
an employee of the auctioneer or if the auction clerk does not have a permit as required by this
chapter. In addition to any other information required to be kept by this chapter, each auction clerk
shall keep records that identify the owner of the property sold at auction and the auctioneer who
conducts the sale of such property.
Section
2.
That chapter 10-46 be amended by adding thereto a NEW SECTION to read as
follows:
All auction sales and consignment sales of tangible personal property and services are sales at
retail. The auction clerk shall file the return and remit the tax imposed by this chapter on the gross
receipts from each auction after applying the deductions provided by
§
10-45-92. However, the
auctioneer is responsible for the payment of the tax imposed by this chapter if the auction clerk is
an employee of the auctioneer or if the auction clerk does not have a permit as required by this
chapter. In addition to any other information required to be kept by this chapter, each auction clerk
shall keep records that identify the owner of the property sold at auction and the auctioneer who
conducts the sale of such property.
Signed February 28, 2000.