Gross receipts from sales of farm products by a farmer for resale are not subject to sales tax. If a farmer holds out to the public as a seller of farm products and makes regular sales to consumers, the farmer is in a retail business and must have a sales tax license and report the tax on such sales. A farmer making occasional sales of farm products to consumers is not required to have a sales tax license and report sales tax on the sales.
S.D. Admin. R. 64:06:03:01
General Authority: SDCL 10-45-47.1.
Law Implemented: SDCL 10-45-18.