South Dakota Administrative Rules
Title 64 - REVENUE
Article 64:06 - Sales tax
Chapter 64:06:03 - Products - Interpretive rules
Section 64:06:03:13 - Electric energy and natural or artificial gas
The sale of electric energy and natural or artificial gas is taxable if sold to consumers or users. Sales to other distributing companies or municipalities who are resellers are not taxable. Sales by municipalities are taxable. Sales of materials, supplies, and equipment to utility companies are subject to tax. Charges for connection or reconnection of the service are taxable.
General Authority: SDCL 10-45-47.1.
Law Implemented: SDCL 10-45-4, 10-45-5.2, 10-45-6.
Declaratory Ruling: Heating fuel used to maintain soil and atmospheric temperature in greenhouse for production of bedding and ornamental plants is not a component part of the plants produced, and is subject to the sales tax. Secretary of Revenue Declaratory Ruling 81-7.