South Dakota 2026 Regular Session

South Dakota House Bill HB1321

Introduced
2/4/26  

Caption

Require that county treasurers calculate excise tax using the amount shown on a bill of sale for a used vehicle sold, leased, or transferred by a person other than a licensed motor vehicle dealer.

Impact

The implication of HB1321 on state laws centers around the assessment of excise taxes, which play a key role in vehicle transactions. By mandating that county treasurers use the transaction amount stated on the bill of sale for calculating the excise tax, the bill seeks to provide a fairer assessment that reflects actual sale prices. This change could lead to a potential decrease in taxes for buyers when purchasing used vehicles, as the excise tax will no longer be based solely on predetermined retail values from dealers' guides if a bill of sale is presented.

Summary

House Bill 1321 introduces a requirement for county treasurers to calculate excise tax based on the amount shown on a bill of sale for used vehicles sold, leased, or transferred by sellers who are not licensed motor vehicle dealers. The bill clearly defines the 'purchase price' for both new and used vehicles, providing guidelines for how the total consideration should be established. In doing so, it helps ensure that the calculation of excise tax is straightforward and based on actual transaction amounts instead of potentially inflated retail values.

Contention

Among the notable points of contention regarding HB1321 is the transition from relying on dealer guides for tax assessment to using actual sale transaction values. Proponents of the bill argue that this change will enhance equity in tax assessments, benefiting consumers by lowering their tax obligations when purchasing used vehicles. However, opponents may raise concerns regarding the enforcement of the bill's requirements and the potential for underreporting actual sale prices to minimize tax liabilities.

Companion Bills

No companion bills found.

Previously Filed As

SD HB1065

Repeal the requirement that an adult occupant of a motor vehicle in forward motion must wear a safety belt.

SD SB107

Exempt trailer manufacturers and trailer dealers from certain provisions regarding motor vehicle dealer license requirements.

SD SB179

Modify requirements for off-road vehicle dealers at special events.

SD SB38

Modify requirements for a vehicle approaching a vehicle that is stopped or occupying the shoulder of the highway with warning lights flashing.

SD HB1129

Provide for the transfer of motor vehicles and boats upon death.

SD SB75

Require an indication of United States citizenship status on a motor vehicle operator's license or permit, and on a nondriver identification card.

SD SB131

Establish an electronic system for vehicle titles.

SD SB45

Impose a motor vehicle technology fee.

SD SB93

Prohibit payment or rebate of insurance deductibles by contractors providing motor vehicle repair services.

SD SB174

Include certain types of vehicles in the abandoned titling process.

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