South Dakota Codified Laws 10-45-61.1. Exemption certificate–Timing–Alternative Information
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:
Terms Used In South Dakota Codified Laws 10-45-61.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.
Source: SL 2007, ch 59, § 1; SL 2020, ch 35, § 1.