For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. Any activity engaged in by any person, or caused to be engaged in by him or her, with the object of gain, benefit or advantage, either direct or indirect.
GROSS RECEIPTS.
(1) The total amount or consideration, including cash, credit, property and services, for which tangible personal property or services are sold, leased or rented, valued in money, whether received in money or otherwise, without any deduction for the following: the retailer’s cost of the property or service sold; the cost of materials used, labor or service cost, interest, losses, all costs of transportation to the retailer and all taxes imposed on the retailer and any other expense of the retailer; except as provided in SDCL Ch. 10-46A or 10-46B, charges by the retailer for any services necessary to complete the sale, whether or not separately stated, including delivery charges; and the value of exempt tangible personal property, whether or not separately stated on the invoice, billing or similar document given to the purchaser where taxable and exempt tangible personal property have been bundled together and sold by the retailer as a single product or piece of merchandise.
(2) GROSS RECEIPTS do not include: discounts, including cash, term or coupons that are not reimbursed by a third party that are allowed by a retailer and taken by a purchaser on a sale; interest, financing and carrying charges from credit extended on the sale of tangible personal property or services, if the amount is separately stated on the invoice, bill of sale or similar document given to the purchaser; and any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale or similar document given to the purchaser.
NON-AD VALOREM TAX. Any tax other than an ad valorem real property tax.
PERSON. Any individual, firm, copartnership, joint adventure, association, limited liability company, corporation, municipal corporation, estate, trust, business trust, receiver, this state and its political subdivisions or any group or combination acting as a unit.
RETAIL SALE or SALE AT RETAIL. Any sale, lease or rental for any purpose other than for resale, sublease or subrent.
RETAILER. Any person engaged in the business of selling tangible goods, wares or merchandise at retail, or the furnishing of gas, electricity, water and communication service, or tickets or admissions to places of amusement and athletic events, as provided in this chapter. The term also includes any person subject to the tax imposed by SDCL §§ 10-45-4 and 10-45-5. The isolated or occasional sale of tangible personal property at retail by a person who does not hold himself or herself out as engaging in the business of selling such tangible personal property at retail does not constitute such person a RETAILER.
SALE. Any transfer, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, for a consideration.
(Prior Code, § F-1-1) (Ord. 824, passed - -)
Statutory reference:
Related provisions, see SDCL §§ 10-45-1 and 10-52-1