CHAPTER 37: TAXATION
Section
Retail Sales and Service Tax
   37.001   Imposition of retail sales and service tax and exemptions therefrom
   37.002   Imposition of additional retail sales and service tax
   37.003   Special tax rates
   37.004   Imposition of additional tax
   37.005   Collection
   37.006   Special rate for vending receipts
   37.007   Interpretation
Use Tax
   37.020   Imposition
   37.021   Imposition of additional tax
   37.022   Collection
   37.023   Interpretation
Urban and Rural Service Districts
   37.035   Service districts established
   37.036   Rural service district; criteria for lands included
   37.037   Rural service district; lands described
   37.038   Lands included in rural service district
   37.039   Lands included in urban service district
   37.040   Agricultural land annexed; limitation on mill levy and assessed value
   37.041   Platting or construction in rural district
   37.042   Filing ordinance amendment or order with County Auditor
Reduced Taxation for New Industrial Structures, Additions Thereto Within the City
   37.055   Authority
   37.056   Applicability; effective date
   37.057   Calculation of tax
   37.058   Application for reduced taxation on new construction
Reduced Taxation for New Industrial, Commercial Structures, Additions Thereto
Within Downtown Center Designated Urban Renewal Area
   37.070   Authority
   37.071   Applicability; effective date
   37.072   Calculation of tax
   37.073   Application for reduced taxation on new construction
Reduced Taxation for New Housing Structures, Additions Thereto
   37.080   Authority
   37.081   Applicability and application for reduced taxation
   37.082   Calculation of tax
   37.083   Qualifying projects
   37.084   Definitions
Reduced Taxation for New Midtown Mixed-Use Structures, Additions Thereto
   37.085   Authority
   37.086   Applicability and application for reduced taxation
   37.087   Calculation of tax
   37.088   Definitions
   37.089   [Reserved]
   37.090   Discretionary formula report
Dowtown Sioux Falls Business Improvement District
   37.105   Creation
   37.106   Boundaries
   37.107   Resolutions of intent
   37.108   Public hearing
   37.109   Purposes
   37.110   Special assessment
   37.111   Exemptions
   37.112   Reduced assessments
   37.113   Lodging establishment occupation tax imposed
   37.114   Duty to account for complimentary rooms
   37.115   Computation and collection of occupational tax
   37.116   Statement required along with occupational tax payment
   37.117   Payment of fees
   37.118   Costs incurred by city in administering occupational tax
   37.119   Payment of occupational tax proceeds
   37.120   Severability
Property Tax Rebate Criteria
   37.135   General
   37.136   Compliance with state law
   37.137   Taxes to be paid
   37.138   Payment by December 31
Abatement or Refund of Assessment
   37.150   Abatement or refund of invalid, inequitable or unjust assessment
   Retail Sales and Service Tax and Use Tax Refund
   37.165   Definitions
   37.166   Refund of retail sales and service tax and use tax on capital assets
   37.167   Eligible projects
   37.168   Ineligible projects
   37.169   Application for refund
   37.170   Amount of refund
   37.171   Submission of returns and payment
   37.172   Payment of amount withheld
   37.173   Improper claims
   37.174   Appeals
   37.175   Appropriations
Experience Sioux Falls Business Improvement District
   37.190   Establishment of district
   37.191   Boundaries of district
   37.192   Purpose of district
   37.193   Occupational tax imposed
   37.194   Duty to account for complimentary rooms
   37.195   Computation and collection of occupational tax
   37.196   Statement required along with occupational tax payment
   37.197   Payment of fees
   37.198   Costs incurred by city in administering occupational tax and collection of delinquent assessments
   37.199   Payment of occupational tax proceeds to Experience Sioux Falls
   37.200   Board of directors and officers
   37.201   Severability
Tax Incremental Districts
   37.216   Authority and purpose
   37.217   Application
   37.218   Fees and cost recovery
   37.219   Evaluation, documents, and presentation
   37.999   Penalty
Cross-reference:
   City council, see ch. 30
   City organizations, see ch. 32
   Licenses, see ch. 110
   Revenues and special funds, see § 36.002
   Storm drainage fee, see § 51.100
   Utility rates and charges, see ch. 51
Statutory reference:
   Use tax, see SDCL ch. 10-46
RETAIL SALES AND SERVICE TAX
§ 37.001 IMPOSITION OF RETAIL SALES AND SERVICE TAX AND EXEMPTIONS THEREFROM.
   There is hereby imposed as a city retail occupational sales and service tax upon the privilege of engaging in business a tax of 1% on the gross receipts of all persons engaged in business within the jurisdiction of the city and county, who are subject to the state retail occupational sales and service tax, SDCL ch. 10-45.
(1992 Code, § 39-16) (Ord. 51-79, passed 6-4-1979; Ord. 96-82, passed 8-23-1982; Ord. 114-82, passed 11-1-1982; Ord. 78-87, passed 9-14-1987)
§ 37.002 IMPOSITION OF ADDITIONAL RETAIL SALES AND SERVICE TAX.
   (a)   There is hereby imposed as a city retail occupational sales and service tax upon the privilege of engaging in business, in addition to the tax imposed by § 37.001, a tax measured by 1%of the gross receipts of all persons engaged in business within the jurisdiction of the city and county, who are subject to the state retail occupational sales and service tax, SDCL ch. 10-45, and acts amendatory thereto.
   (b)   Any revenues received under division (a) above shall be deposited to the city treasury in a fund designated for the capital improvements as outlined within § 36.034 and defined as capital by the city’s accounting manual, debt retirement and furniture, fixtures and equipment (“FF&E”) on new construction and transfer to a nongovernmental fund to provide funding for the same.
(1992 Code, § 39-16.1) (Ord. 103-83, passed 12-12-1983; Ord. 132-84, passed 10-22-1984; Ord. 90-85, passed 10-28-1985; Ord. 78-87, passed 9-14-1987; Ord. 46-88, passed 6-20-1988; Ord. 46-89, passed 5-22-1989; Ord. 99-91, passed 12-23-1991; Ord. 101-96, passed 9-3-1996; Ord. 70-03, passed 8-4-2003; Ord. 14-04, passed 2-9-2004; Ord. 82-05, passed 8-5-2005; Ord. 152-06, passed 11-20-2006; Ord. 116-08, passed 9-15-2008)
Editor’s note:
   It should be noted that notwithstanding any provision of Ord. 14-04 to the contrary, the second penny sales use tax of .92% established pursuant to Ord. 70-03 and codified in §§ 37.002 and 37.021 has been in effect from and after January 1, 2004, to the current date, and shall remain at that rate until changed by duly adopted action by the city council.
§ 37.003 SPECIAL TAX RATES.
   Notwithstanding the rate of tax established in §§ 37.001 and 37.002, from and after March 1, 1992, the rate of tax upon sales of leases or rentals of hotel, motel, campsites or other lodging accommodations within the city for periods of less than 28 consecutive days; sales of alcoholic beverages as defined in SDCL 35-1-1; sales of establishments where the public is invited to eat, dine or purchase and carry out prepared food for immediate consumption; ticket sales or admissions to places of amusement, athletic or cultural events is 3%. Any revenues received from the tax imposed in this section in excess of 2%, but not more than 3%, shall be used only for the purpose of land acquisition, architectural fees, construction costs, zoo maintenance and operational expenses, and payment for an entertainment center and a convention center, including maintenance, staffing and operations of these facilities and the promotion and advertising of the city, its facilities, attractions and activities.
(1992 Code, § 39-17) (Ord. 51-79, passed 6-4-1979; Ord. 99-91, passed 12-23-1991; Ord. 150-95, passed 12-4-1995; Ord. 79-10, passed 12-13-2010)
§ 37.004 IMPOSITION OF ADDITIONAL TAX.
   (a)   From and after January 1, 1996, there is hereby imposed in addition to the taxes imposed by §§ 37.001, 37.002 and 37.003, an additional 1% tax upon the gross receipts of all leases or rentals of hotel, motel, campsites or other lodging within the city for periods of less than 28 consecutive days.
   (b)   All revenues received under this section shall be used for funding Experience Sioux Falls, a South Dakota nonprofit corporation as the Destination Marketing Organization (DMO) and Convention & Visitors Bureau (CVB) for the City of Sioux Falls.
(1992 Code, § 39-17.1) (Ord. 150-95, passed 12-4-1995; Ord. 72-22, passed 7-5-202
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