10-52A-1.2. Conditions under which gross receipts include consideration retailer received from third parties.
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/sd/title-10/chapter-10-52/10-52a-1-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Gross receipts, as defined in § 10-52A-1.1 , include consideration received by the retailer from third parties if:
(1)The retailer actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on the sale;
(2)The retailer has an obligation to pass the price reduction or discount through to the purchaser;
(3)The amount of the consideration attributable to the sale is fixed and determinable by the retailer at the time of the sale of the item to the purchaser; and
(4)One of the following criteria is met:
(a)The purchaser presents a coupon, certificate, or other documentation to the retailer to claim a price reduction or discount where the coupon, certificate, or documentation is authorized, distributed, or granted by a third party with the understanding that the third party will reimburse any retailer to whom the coupon, certificate, or documentation is presented;
(b)The purchaser identifies himself or herself to the retailer as a member of a group or organization entitled to a price reduction or discount (a preferred customer card that is available to any patron does not constitute membership in such a group); or
(c)The price reduction or discount is identified as a third party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate, or other documentation presented by the purchaser.
For the purposes of this section, the purchaser is the end consumer.