Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
A cash bond endorsed in the name of the department or a bond issued by a corporate surety company authorized to do business in South Dakota in an amount sufficient to guarantee payment of tax for a six-month period is required from retailers engaged in business within the state of South Dakota in the following circumstances: (1) A taxpayer is delinquent in either reporting or paying tax for two reporting periods in any twelve-month period; (2) A taxpayer is engaged in a type of business which, in the experience of the department, has had problems with tax delinquency; or (3) A taxpayer does not have sufficient unencumbered assets in this state to ensure that a possible future delinquent tax liability is collected. If a taxpayer has no prior history of tax payment, the amount of the bond is based upon the taxpayer's estimate of gross receipts in a six-month period, provided that the taxpayer's estimate is determined by the department to approximate known receipts of similar businesses.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 8, 1975; 5 SDR 60, effective January 25, 1979; 9 SDR 28, effective September 5, 1982; 11 SDR 1, effective July 19, 1984; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; 28 SDR 178, effective July 1, 2002; 32 SDR 225, effective July 3, 2006.