CHAPTER 31:  FINANCES AND REVENUE; TAXATION
Section
Municipal Sales and Service Tax and Use Tax
   31.01   Purpose
   31.02   Enactment; effective date
   31.03   Use tax
   31.04   Collection
   31.05   Interpretation
Funds
   31.20   Transferring restricted funds to the General Fund
 
   31.99   Penalty
MUNICIPAL SALES AND SERVICE TAX AND USE TAX
§ 31.01  PURPOSE.
   The purpose of this subchapter is to provide additional needed revenue for the municipality of the town by imposing a municipal retail sales and use tax pursuant to the power granted to municipality by the state, by SDCL Ch. 10-52 entitled Uniform Municipal Non-Ad Valorem Tax Law, and acts amendatory thereto.
(Ord. 2007-1, passed 8-30-2007)
§ 31.02  ENACTMENT; EFFECTIVE DATE.
   From and after January 1, 2008, there is hereby imposed as a municipal retail occupational sales and service tax, upon the privilege of engaging in business, measured by 2% on the gross receipts of all personal engage in business within the jurisdiction of the town, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL Ch. 10-45 and acts amendatory thereto.
(Ord. 2007-1, passed 8-30-2007)
§ 31.03  USE TAX.
   There is hereby imposed an excise tax on the privilege of use, storage, and consumption within the jurisdiction of the municipality of tangible personal property or services purchased from and after January 1, 2008, at the same rate as the municipal sales and service tax upon all transactions or use, storage, and consumption, which are subject to the state’s Use Tax Act, SDCL Ch. 10-46, and acts amendatory thereto.
(Ord. 2007-1, passed 8-30-2007)
§ 31.04  COLLECTION.
   Such tax is levied pursuant to authorization granted by SDCL Ch. 10-52, and acts amendatory thereto, and shall be collected by the state’s Department of Revenue and Regulation in accordance with the same rules and regulations applicable to the state sales tax, under such additional rules and regulations as the Secretary of Revenue and Regulation of the state shall lawfully prescribe.
(Ord. 2007-1, passed 8-30-2007)  Penalty, see § 31.99
§ 31.05  INTERPRETATION.
   It is declared to be the intention of this subchapter and the taxes levied hereunder, that the same shall be interpreted and construed in the same manner as all sections of the state’s Retail Occupational Sales and Service Act, SDCL Ch. 10-45, and acts amendatory thereto, and the state’s Use Tax Act, SDCL Ch. 10-46, and acts amendatory thereto, and that this shall be considered a similar tax except for the rate thereof to that tax.
(Ord. 2007-1, passed 8-30-2007)
FUNDS
§ 31.20  TRANSFERRING RESTRICTED FUNDS TO THE GENERAL FUND.
   (A)   Funds collected for Christmas lights and community projects shall hereby be transferred to the General Fund.
   (B)   Funds previously set aside for the construction of a new Town Hall shall hereby be transferred to the General Fund.
   (C)   Funds collected for meter deposits shall hereby be transferred to the General Fund.
(Ord. 2021-1, passed - -2021)
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