10-45-61.1. Exemption certificate--Timing--Alternative Information.Notwithstanding the provisions of §§10-45-61, 10-59-3, and 10-59-7, if the seller has not obtained an exemption certificate or all relevant data elements for an exemption certificate, the seller may, within one hundred twenty days subsequent to a request for substantiation by the Department of Revenue, do either of the following:(1)Obtain a fully completed exemption certificate from the purchaser, taken in good faith which means that the seller obtained a certificate that claims an exemption that:(a)Was statutorily available on the date of the transaction in the jurisdiction where the transaction is sourced;(b)May be applicable to the item being purchased; and(c)Is reasonable for the purchaser's type of business; or(2)Obtain other information establishing that the transaction was not subject to the tax.Any exemption certificate presented after one hundred twenty days need not be considered by the department. Source: SL 2007, ch 59, §1; SL 2020, ch 35, § 1.
South Dakota Legal Code