S.D. Codified Laws § 32-5-27

Current through the 2024 Legislative Session
Section 32-5-27 - Used out-of-state motor vehicles-Sale or resale-Title, taxes, and license-Exemptions-Violation as misdemeanor

Any person, firm, corporation, or limited liability company, except a licensed vehicle dealer, that brings into the state or purchases any used or secondhand out-of-state motor vehicles not currently licensed in this state for the purpose of sale or resale, except vehicles receiving a junking certificate, motor vehicles with a gross vehicle weight rating of over twenty-six thousand pounds, or a semitrailer with a manufacturer's shipping weight of nine thousand pounds or more, shall, within forty-five days from the date of purchase or entry of the motor vehicle into the limits of this state, title the motor vehicle pursuant to chapter 32-3 and pay the excise tax pursuant to chapter 32-5B but is not required to license the vehicle. Any licensed motor vehicle dealer titling a motor vehicle pursuant to this section is exempt from paying the excise tax imposed by § 32-5B-1 on the vehicle. A vehicle titled by a licensed motor vehicle dealer pursuant to this section shall be issued a title indicating that no excise tax has been paid. Upon transfer of the title to a subsequent purchaser of the motor vehicle, the excise tax shall be paid by the purchaser or by any other person as defined by subdivision 2-14-2(18), on behalf of and as the agent for the purchaser. A violation of this section is a Class 2 misdemeanor.

The provisions of this section do not apply to any motor vehicle titled and licensed in another jurisdiction that is sold in this state through a dealer's car auction agency licensed under the provisions of chapter 32-6B.

SDCL 32-5-27

SL 1939, ch 180, § 1; SL 1957, ch 232; SDC Supp 1960, § 44.0701; SL 1961, ch 238; SL 1983, ch 231, § 2; SL 1984, ch 219, § 1; SL 1985, ch 238, § 10; SL 1988, ch 238, § 10; SL 1988, ch 241, § 1; SL 1990, ch 234, § 1; SL 1990, ch 241, § 2; SL 1992, ch 208, § 2; SL 1994, ch 242; SL 2000, ch 141, §1; SL 2005, ch 157, §1; SL 2014, ch 139, §3; SL 2015, ch 156, § 11; SL 2020, ch 129, § 2.
Amended by S.L. 2020, ch. 129,s. 2, eff. 7/1/2020.
Amended by S.L. 2015, ch. 156,s. 11, eff. 7/1/2015.
Amended by S.L. 2014, ch. 139,s. 3, eff. 7/1/2014.