South Dakota § 10-45-61.1 Exemption certificate--Timing--Alternative Information.

South Dakota Statutes

§ 10-45-61.1 — Exemption certificate--Timing--Alternative Information.

South Dakota § 10-45-61.1

Title 10TAXATION

Ch. 10-43RETAIL SALES AND SERVICE TAX

This text of South Dakota § 10-45-61.1 (Exemption certificate--Timing--Alternative Information.) 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 § 10-45-61.1 (2026).

Text

Notwithstanding the provisions of §§ 10-45-61, 10-59-3 , and 10-59-7 , if the seller has not obtained an exemption certificate or all relevant data elements for an exemption certificate, the seller may, within one hundred twenty days subsequent to a request for substantiation by the Department of Revenue, do either of the following:

(1)Obtain a fully completed exemption certificate from the purchaser, taken in good faith which means that the seller obtained a certificate that claims an exemption that:

(a)Was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced;

(b)May be applicable to the item being purchased; and (c) Is reasonable for the purchaser's type of business; or (2) Obtain other information establishing that t

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Notwithstanding the provisions of §§ 10-45-61, 10-59-3 , and 10-59-7 , if the seller has not obtained an exemption certificate or all relevant data elements for an exemption certificate, the seller may, within one hundred twenty days subsequent to a request for substantiation by the Department of Revenue, do either of the following: (1) Obtain a fully completed exemption certificate from the purchaser, taken in good faith which means that the seller obtained a certificate that claims an exemption that: (a) Was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced; (b) May be applicable to the item being purchased; and (c) Is reasonable for the purchaser's type of business; or (2) Obtain other information establishing that the transaction was not subject to the tax. Any exemption certificate presented after one hundred twenty days need not be considered by the department.