South Dakota Advertising and Marketing Agreement

State:
Multi-State
Control #:
US-00406
Format:
Word; 
Rich Text
Instant download

Description

This form provides that an agreement has been entered into by a company and an agent for the purpose of selection and placement of advertising for the company. Other provisions within the agreement include: the relationship between the company and the agent, duties of the agent, and compensation for the agent.
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FAQ

Are services subject to sales tax in South Dakota? "Goods" refers to the sale of tangible personal property, which are generally taxable. "Services" refers to the sale of labor or a non-tangible benefit. In South Dakota, services are taxable unless specifically exempted.

Are services subject to sales tax in South Dakota? The state of South Dakota does in fact usually collect sales taxes on the vast majority of services performed. An example of services which are not taxed would be a professional service provider which is related to health.

Goods that are subject to sales tax in South Dakota include physical property, like furniture, home appliances, and motor vehicles. The purchase of prescription medication and gasoline are tax-exempt. South Dakota is unique in the fact that almost all services are taxable.

Advertisements sold directly to the client are subject to sales tax. Professional business services such as public relations and consulting services are taxable. The purpose of this Tax Fact is to explain how South Dakota sales and use tax applies to advertising agencies and services.

You can register your business for a sales tax permit with the South Dakota Department of Revenue's e-services center. Once your application is approved, you will receive a license card. You must have a separate license for each business location you operate, but you may be eligible to apply for consolidated filing.

With few exceptions, the sale of products and services in South Dakota are subject to sales tax or use tax. Services such as auto repair, maintenance, body repair, oil changes, and customizing are subject to state and municipal sales tax. Sales tax applies to the full charge, including parts, labor, and delivery.

A 2% contractor's excise tax is imposed on the gross receipts of all prime and subcontractors engaged in construction services or reality improvement projects. The work must be for the utility company and the prime contractor must receive payment directly from the utility company to be taxed under SDCL 10-46B.

The rendering of advertising and public relations services is not taxable when related to the development of media advertising. The total gross receipts for advertising services related to the development of media advertising billed by the service provider are not subject to sales tax.

Please read the information associated with the two permit types carefully to determine which permit is the best choice for your business. There currently is no charge to apply for either type of South Dakota sales tax permit.

You can register your business for a sales tax permit with the South Dakota Department of Revenue's e-services center. Once your application is approved, you will receive a license card. You must have a separate license for each business location you operate, but you may be eligible to apply for consolidated filing.

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South Dakota Advertising and Marketing Agreement