There are hereby specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, the gross receipts from sales of tangible personal property and any product transferred electronically which this state is prohibited from taxing under the Constitution or laws of the United States or under the Constitution or laws of the State of South Dakota.
S.D. Codified Laws § 10-45-9
Constitutional and statutory exemptions from taxation
Applied in 4 court decisions — leading case In Re the Appeal of the Sales Tax Refund Applications of Black Hills Power & Light Co. (1980)
Most recently applied in Sioux Falls Newspapers, Inc. v. Secretary of Revenue (April 1988)
Source: SL 1935, ch 205, § 34-a; SDC 1939, § 57.3202 (1); SL 1939, ch 269; SL 2008, ch 51, § 12.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.