Stamped cigarettes not subject to further tax--Person in possession of unstamped cigarettes liable for tax and penalty.

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10-50-6. Stamped cigarettes not subject to further tax--Person in possession of unstamped cigarettes liable for tax and penalty.

Any cigarette on which a tax has been paid, the payment being evidenced by the affixing of the stamp, is not subject to a further tax under this chapter. However, any person, who possesses two thousand or more cigarettes that do not bear a tax stamp indicating that the South Dakota cigarette tax has been paid, shall pay the tax imposed pursuant to §10-50-3 plus a penalty equal to ten percent of the total tax due.

Source: SDC 1939, §57.3905; SL 1949, ch 422, §1; SL 1951, ch 452, §3; SL 1955, ch 416; SL 1959, ch 442, §1; SL 1963, ch 446, §1; SL 1965, ch 293, §1; SL 2000, ch 64, §1; SL 2007, ch 66, §3.


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