If a purchasing agency is to supply tangible personal property to be used in performance of the contract and the personal property is taxable to the contractor under § 10-46-5, the specifications or notice to bidders shall state the purchase price or fair market value of the tangible personal property, whichever is the greater. The stated amount shall be the basis for determining the contractor's liability for tax.
S.D. Codified Laws § 5-18B-7
Contractor's use tax liability
Applied in 1 court decision — leading case Puetz Corp. v. South Dakota Department of Revenue (2015)
Most recently applied in Puetz Corp. v. South Dakota Department of Revenue (November 2015)
Source: SL 2010, ch 31, § 46.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.