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Home » US Law » 2022 South Dakota Codified Laws » Title 32 - Motor Vehicles » Chapter 05B - Excise Tax On Motor Vehicles

Section 32-5B-1 – Imposition of tax–Rate–Failure to pay as misdemeanor.

32-5B-1. Imposition of tax–Rate–Failure to pay as misdemeanor. In addition to all other license and registration fees for the use of the highways, a person shall pay an excise tax at the rate of four percent on the purchase price of any motor vehicle, as defined by §32-3-1 or 32-5B-21, purchased or acquired for use […]

Section 32-5B-1.1 – Licensing and payment of tax on leased vehicles–Assessment of tax upon purchase by lessee–Lessor to assign title and certify price, fees and title.

32-5B-1.1. Licensing and payment of tax on leased vehicles–Assessment of tax upon purchase by lessee–Lessor to assign title and certify price, fees and title. For motor vehicles leased for more than twenty-eight days, the lessor shall title and license the motor vehicle and denote the lessee on the application for title. The lessor or the […]

Section 32-5B-1.2 – Leasing or rental company separate from dealership–Distinct name–Daily rental operations–Exemption from excise tax.

32-5B-1.2. Leasing or rental company separate from dealership–Distinct name–Daily rental operations–Exemption from excise tax. Any leasing or rental company which operates within the principal place of business of a dealer, licensed pursuant to chapter 32-6B, is a business separate from the dealership for the purposes of this chapter. A leasing company shall title, license, and […]

Section 32-5B-1.4 – Licensing and payment of excise tax on new vehicle by dealer.

32-5B-1.4. Licensing and payment of excise tax on new vehicle by dealer. A licensed motor vehicle dealer who sells new motor vehicles and has a franchise for that particular motor vehicle may license a new motor vehicle which is part of the dealer’s inventory. If the dealer licenses the motor vehicle, the dealer shall title […]

Section 32-5B-10 – Payment of tax.

32-5B-10. Payment of tax. The tax levied by §32-5B-1 shall be paid to the county treasurer in the county of the new owner’s residence. However, for a motor vehicle licensed and registered pursuant to chapter 32-10, the tax shall be paid to the Department of Revenue. Source: SL 1985, ch 241, §5; SL 2004, ch […]

Section 32-5B-11 – Credit for taxes paid to this or another state.

32-5B-11. Credit for taxes paid to this or another state. If any motor vehicle has been subjected previously to a sales tax, use tax, motor vehicle excise tax, or similar tax by this or any other state or its political subdivision, no tax is owed to this state if the tax has been paid by […]

Section 32-5B-12 – Proration of tax on proportionally registered vehicles.

32-5B-12. Proration of tax on proportionally registered vehicles. If a motor vehicle is licensed and registered pursuant to chapter 32-10, the excise tax imposed by §32-5B-1 shall be prorated in accordance with the formula established in the International Registration Plan as amended as of January 1, 2021. Such motor vehicles and trailer units are exempt […]

Section 32-5B-14 – Title issuance or transfer prohibited unless tax paid–Exception.

32-5B-14. Title issuance or transfer prohibited unless tax paid–Exception. No title may be issued or transferred for the ownership of any motor vehicle unless the tax levied by §32-5B-1 is paid, except as provided in subdivision 32-5B-2(12) and vehicles taxed pursuant to §32-5B-20. Source: SL 1985, ch 241, §6; SL 1988, ch 236, §24; SL […]

Section 32-5B-15 – Rules authorized.

32-5B-15. Rules authorized. The secretary of revenue may promulgate rules pursuant to chapter 1-26 concerning: (1)Which motor vehicles are subject to tax; (2)The actual value and purchase price of motor vehicles subject to tax; (3)The supporting documents required to be furnished to verify actual value or purchase price; and (4)The application of the tax and […]

Section 32-5B-16 – Records required of sellers–Inspection.

32-5B-16. Records required of sellers–Inspection. Any seller of a motor vehicle or snowmobile shall, on demand by the secretary of revenue, make available all books, records, and memoranda which relate to the sale of a motor vehicle or snowmobile. The secretary, in the event of any failure or refusal to produce the records, may conduct […]

Section 32-5B-17 – Disposition of revenue.

32-5B-17. Disposition of revenue. All revenues received pursuant to §§32-5B-1 and 32-5B-20 shall be credited to the state highway fund. Source: SL 1985, ch 241, §9; SL 1994, ch 245, §6.

Section 32-5B-18 – “Siblings” defined.

32-5B-18.”Siblings” defined. For the purposes of this chapter, “siblings” include any individuals who are brother and sister by blood, marriage, or adoption. Source: SL 1986, ch 242, §22.

Section 32-5B-19 – Rental vehicle and leased vehicle defined.

32-5B-19. Rental vehicle and leased vehicle defined. Terms used in this chapter mean: (1)”Leased vehicle,” a motor vehicle which is titled in the name of a leasing company or the individual who is leasing the motor vehicle which is leased for a period of more than twenty-eight days; (2)”Rental vehicle,” a motor vehicle which is […]

Section 32-5B-2 – Exempt vehicles.

32-5B-2. Exempt vehicles. Motor vehicles exempted from the provisions of this chapter are as follows: (1)Any motor vehicle exempted in §32-5-1.3, 32-5-42, 32-5-42.1, or 32-5-42.2; (2)Any motor vehicle acquired by inheritance from or bequest of a decedent; (3)Any motor vehicle previously titled or licensed jointly in the names of two or more persons and subsequently […]

Section 32-5B-2.2 – Exemption for self-propelled agricultural application unit.

32-5B-2.2. Exemption for self-propelled agricultural application unit. Any self-propelled agricultural application unit that is purchased for use in this state is exempt from the provisions of this chapter and chapters 32-3 and 32-5. For purposes of this section, the term, self-propelled agricultural application unit, is defined as equipment designed and used exclusively to carry and […]

Section 32-5B-20 – Gross receipts tax on vehicle rental–Violation as misdemeanor.

32-5B-20. Gross receipts tax on vehicle rental–Violation as misdemeanor. There is hereby imposed a tax of four and one-half percent upon the gross receipts of any person renting a rental vehicle as defined in §32-5B-19. This tax applies to all vehicles registered in accordance with §32-5-6, 32-5-8.1, or 32-5-9. Any rental vehicle not licensed in […]

Section 32-5B-21 – Applicability of tax on leased vehicles–Leasing information required.

32-5B-21. Applicability of tax on leased vehicles–Leasing information required. The tax imposed by §§32-5B-1, 32-5B-1.1, 32-5B-4(7), and 32-5B-21 to 32-5B-24, inclusive, and calculated in the manner set out in § 32-5B-4 on the sale or use of leased vehicles subject to titling and registration applies to vehicles with a gross vehicle weight ratings of less […]

Section 32-5B-22 – No tax refund for early termination of lease.

32-5B-22. No tax refund for early termination of lease. If the lease is terminated prior to the termination date contained in the lease agreement, no refund may be allowed for tax previously paid under §§32-5B-1, 32-5B-1.1, 32-5B-4(7), and 32-5B-21 to 32-5B-24, inclusive. Source: SL 2000, ch 145, §5.