10-45-92. Allowable deductions for auctioneers.
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/sd/title-10/chapter-10-45/10-45-92A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In determining the amount of tax due under this chapter, auctioneers may deduct from gross receipts amounts which represent direct expense charges for clients for tangible personal property, any product transferred electronically, or services purchased by the auctioneer on behalf of a client. However, the sale of the property or service to the auctioneer is not a sale for resale if this deduction is taken. This deduction may only be taken if the amount to be deducted represents an expense specifically incurred for a particular client and the amount is itemized and paid from the client's auction proceeds by the auctioneer or closing agent.
The deduction shall be disallowed if the auctioneer receives any profit or remuneration directly or indirectly from the client's expense.