64:07:01:01.01Prime

contractor engaged in realty improvement contracts. Any contractor enumerated in the SIC manual of 1987 under Construction (Division C) is included for purposes of this section. The gross receipts resulting from the services performed by a contractor listed in Division C of the SIC manual are subject to the contractor's excise tax, whether or not the results of such services constitute a fixture. If a contractor engages in services not specifically listed in the SIC manual, then the construction, building, or installation services must result in a fixture to realty before the contractor's gross receipts are subject to the contractor's excise tax.

Source: 16 SDR 76, effective November 1, 1989; 21 SDR 219, effective July 1, 1995.