The person placing the tank upon or in the fuel storage tank foundation owes contractors' excise tax on the gross receipts and use tax on the tank and other items used in the project. However, any item used by the contractor upon which sales or use tax was paid is not subject to use tax. Any contractor that installs items that are connected to, installed in, or that become a part of the storage tank owe contractors' excise tax on the gross receipts and use tax on the other materials used in the project. However, any item used by the contractor upon which sales or use tax was paid is not subject to use tax. These contractors do not owe contractors' excise tax or use tax on the storage tank itself.
S.D. Admin. R. 64:07:01:20.01
General Authority: SDCL 10-46A-19(3).
Law Implemented: SDCL 10-46A-2, 10-46A-2.2.