South Dakota Statutes

§ 10-45-4.1 — Services subject to taxation.

South Dakota § 10-45-4.1
JurisdictionSouth Dakota
Title 10TAXATION
Ch. 10-43RETAIL SALES AND SERVICE TAX

This text of South Dakota § 10-45-4.1 (Services subject to taxation.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 10-45-4.1 (2026).

Text

"Service" means all activities engaged in for other persons for a fee, retainer, commission, or other monetary charge, which activities involve predominantly the performance of a service as distinguished from selling property. In determining what is a service, the intended use, principal objective or ultimate objective of the contracting parties shall not be controlling. For the purposes of this chapter services rendered by an employee for his employer are not taxable.

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Related

In Re the Sales & Use Tax Refund Request of Media One, Inc., License No. 51-0180701-ST
1997 SD 17 (South Dakota Supreme Court, 1997)
30 case citations
Sioux Falls Newspapers, Inc. v. Secretary of Revenue
423 N.W.2d 806 (South Dakota Supreme Court, 1988)
25 case citations
Watertown Coop. Elevator Ass'n v. South Dakota Department of Revenue
2001 SD 56 (South Dakota Supreme Court, 2001)
24 case citations
In Re the Sales Tax Liability of Valley Queen Cheese
387 N.W.2d 39 (South Dakota Supreme Court, 1986)
17 case citations
State, Department of Revenue v. Sanborn Telephone Cooperative
455 N.W.2d 223 (South Dakota Supreme Court, 1990)
17 case citations
In Re the State Sales & Use Tax Liability of Townley
417 N.W.2d 398 (South Dakota Supreme Court, 1987)
12 case citations
Magellan Pipeline Co. v. South Dakota Department of Revenue & Regulation
2013 SD 68 (South Dakota Supreme Court, 2013)
12 case citations
WATERTOWN COOP. ELEVATOR v. Dept. of Rev.
2001 SD 56 (South Dakota Supreme Court, 2002)
12 case citations
Sioux Falls Shopping News, Inc. v. Department of Revenue & Regulation
2008 SD 34 (South Dakota Supreme Court, 2008)
11 case citations
Mauch v. South Dakota Department of Revenue & Regulation
2007 SD 90 (South Dakota Supreme Court, 2007)
7 case citations
TRM ATM Corp. v. South Dakota Department of Revenue & Regulation
2010 S.D. 90 (South Dakota Supreme Court, 2010)
7 case citations
Western Wireless Corp. v. Department of Revenue
2003 SD 68 (South Dakota Supreme Court, 2003)
5 case citations

Legislative History

SL 1979, ch 84, § 9; SL 1980, ch 100, § 6.

Nearby Sections

15
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Bluebook (online)
South Dakota § 10-45-4.1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/10-45-4.1.