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Justia> Law> South Dakota Law> South Dakota Code> Title 32 — MOTOR VEHICLES> 05B — Excise Tax On Motor Vehicles> 32-5B-2 — Exempt vehicles.

32-5B-2 — Exempt vehicles.

             (1)      Any motor vehicle exempted in § 32-5-42, 32-5-42.1, or 32-5-1.3;

             (2)      Any motor vehicle acquired by inheritance from or bequest of a decedent;

             (3)      Any motor vehicle previously titled or licensed jointly in the names of two or more persons and subsequently transferred without consideration to one or more of such persons;

             (4)      Any motor vehicle transferred without consideration between spouses, between a parent and child, and between siblings;

             (5)      Any motor vehicle transferred pursuant to any mergers or consolidations of corporations or plans of reorganization by which substantially all of the assets of a corporation are transferred if the motor vehicle was previously titled, licensed, and registered in this state;

             (6)      Any motor vehicle transferred by a subsidiary corporation to its parent corporation for no or nominal consideration or in sole consideration of the cancellation or surrender of the subsidiary's stock if the motor vehicle was previously titled, licensed, and registered in this state;

             (7)      Any motor vehicle transferred between an individual and a corporation if the individual and the owner of the majority of the capital stock of the corporation are one and the same and if the motor vehicle was previously titled, licensed, and registered in this state;

             (8)      Any motor vehicle transferred between a corporation and its stockholders or creditors if to effectuate a dissolution of the corporation it is necessary to transfer the title from the corporate entity to the stockholders or creditors and if the motor vehicle was previously titled, licensed, and registered in this state;

             (9)      Any motor vehicle transferred between an individual and a limited or general partnership if the individual and the owner of the majority interest in the partnership are one and the same person and if the motor vehicle was previously titled, licensed, and registered in this state;

             (10)      Any motor vehicle transferred to effect a sale of all or substantially all of the assets of the business entity if the motor vehicle was previously titled, licensed, and registered in this state;

             (11)      Any motor vehicle acquired by a secured party or lien holder in satisfaction of a debt;

             (12)      Any motor vehicle sold or transferred which is eleven or more model years old and which is sold or transferred for one thousand five hundred dollars or less before trade-in;

             (13)      Any damaged motor vehicle transferred to an insurance company in the settlement of an insurance claim;

             (14)      Any motor vehicle owned by a former resident of this state who returns to the state and who had previously paid vehicle excise tax to this state on the motor vehicle as evidenced within the department's records or by submission of other acceptable proof of payment of such tax;

             (15)      Between corporations, both subsidiary and nonsubsidiary, if the individuals who hold a majority of stock in the first corporation also hold a majority of stock in the second corporation; but these individuals need not hold the same ratio of stock in both corporations provided the motor vehicle was previously titled, licensed, and registered in this state;

             (16)      Any motor vehicle transferred by a trustor to his trustee or from a trustee to a beneficiary of a trust;

             (17)      Any motor vehicle rented for twenty-eight days or less is subject to the tax imposed by § 32-5B-20; and

             (18)      Any motor vehicle transferred without consideration to any South Dakota nonprofit corporation which will donate the motor vehicle to a needy family or individual.

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Source: SL 1985, ch 241, § 3; SL 1986, ch 242, § 20; SL 1987, ch 220; SL 1987, ch 222, § 2; SL 1988, ch 241, § 2; SL 1988, ch 247; SL 1990, ch 230, § 6; SL 1990, ch 234, § 2; SL 1990, ch 238; SL 1991, ch 395, § 2; SL 1993, ch 225, § 2; SL 1994, ch 245, § 3; SL 2006, ch 160, § 1.