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SD No exemptions Last reviewed: April 2026

Rules of Gold in South Dakota


The six facts

Statute-level rules. Each fact is sourced; click through to the primary citation.

Bullion exempt

Sales tax on bullion

South Dakota Codified Laws § 10-45-110 exempts from the state's 4.5% sales tax (with applicable municipal sales tax up to 2% additional) the sale of coins, currency, or bullion. Bullion is defined as "any bar, ingot, or commemorative medallion of gold, silver, platinum, palladium, or a combination of these metals where the value of the metal depends on its content and not the form." Coins and currency is defined as "any coins or currency made of gold, silver, or other metal or paper which is or has been used as legal tender." The "or other metal or paper" language is unusually broad — it appears to extend the exemption to copper-based coins (e.g., pre-1982 US pennies) and even paper currency notes that have been demonetized but are now collected. Excluded (still taxable at 4.5%+local): copper products generally; numismatic items not meeting the legal-tender definition; coins not issued as legal tender; accessory items; processed items; jewelry; tokens. The exemption applies to both state and local sales tax layers.

Source As of 2026-04-26 · high confidence

Pending

Recognized as legal tender

South Dakota has not yet enacted a statute recognizing gold or silver coins as legal tender for payment of debts, but SB 112 (2026 session, lead Sen. John Carley) introduced January 2026 would change that materially. SB 112 would (a) recognize gold and silver specie as legal tender in South Dakota beginning 2027-07-01, (b) permit specie use for payment of private debts (by mutual agreement) and for taxes/obligations owed to state or political subdivisions (subject to state agreement to accept), (c) authorize a state bullion depository to facilitate gold/silver transactions, (d) provide that "the exchange of one type or form of legal tender for another type or form of legal tender shall not give rise to any tax liability" (paralleling OK HB 1199 and KS HB 2515 / SB 39 language), and (e) provide that no person or entity is compelled to accept specie except by mutual agreement or via electronic payment system participation. Prior to SB 112 (2026), no SD legal-tender bills were identified in 2021-2025 sessions. Status: pending in committee as of capture (2026-04-26). If enacted, SD would join the legal-tender state cluster with one of the most COMPLETE sound-money packages — combining legal tender + depository authorization + cap-gains-via-exchange exemption — alongside OK HB 1199 (pending Senate floor) and KS HB 2515 (forwarded to Gov. Kelly).

Source As of 2026-04-26 · medium confidence

No

Capital gains on bullion

South Dakota is one of nine US states with no individual income tax. SD residents owe $0 in state income tax on wages, salaries, retirement income, capital gains, dividends, interest, or any other income. There is no separate capital-gains tax at the state level — capital gains on physical gold and silver are subject only to federal income tax (federal long-term capital gains for collectibles/bullion: maximum 28% rate; short-term: ordinary income rates). South Dakota's no-income-tax posture is a constitutional/statutory feature rather than a precious-metals-specific exemption — it places SD in the same structural cluster as TX, FL, TN, NV, WY, AK, NH (post-2025 I&D repeal), and WA (which taxes most capital gains via separate 7% surtax effective 2022). Among this cluster, SD is one of the more durably-entrenched no-income-tax states given that the SD Constitution would require amendment to introduce an income tax.

Source As of 2026-04-26 · high confidence

No

State bullion depository

South Dakota has not enacted enabling legislation authorizing a state-administered or state-chartered bullion depository as of capture. SB 112 (2026 session) would authorize a state bullion depository to facilitate gold and silver transactions if enacted. Pending in committee. Currently, the South Dakota State Treasurer has no statutory authority to operate a depository or hold physical bullion as a state asset. (Note: there is a private operation called "Dakota Depository" which provides commercial bullion storage services; this is unrelated to any state-administered facility and does not satisfy the brief's `state_bullion_depository_authorized` definition.)

Source As of 2026-04-26 · medium confidence

No

State gold & silver reserves

The South Dakota State Treasurer does not hold physical gold or silver as a reserve asset on the state balance sheet. SD statutes do not currently authorize state-treasury PM holdings (SB 112 pending would authorize but not mandate). The State Treasurer's published priorities focus on cash management, banking relationships, and unclaimed property — no precious-metals reserve initiative currently in place.

Source As of 2026-04-26 · medium confidence

No disclosure

Pension fund holdings

The South Dakota Retirement System (SDRS, ~$15B AUM) is administered by the South Dakota Investment Council (SDIC) under direction of the SDRS Board. SDIC manages investments across standard institutional categories (public equities, fixed income, real estate, alternatives) without enumerating physical-precious-metals exposure in publicly-available summary documents. Field marked `No-public-disclosure` rather than definitive `No` because the alternatives sleeve composition is not fully enumerated in summary disclosures — physical PM exposure is presumed minimal-to-zero but cannot be ruled out without ACFR-level review.

Source As of 2024-06-30 · medium confidence

What this means for buyers

When you buy bullion in South Dakota: investment-grade bullion is exempt from state sales tax. The exemption typically covers gold, silver, platinum, and palladium meeting standard investment-grade purity. Verify the exemption applies to your specific purchase — definitions and minimum-purity thresholds vary by statute.

When you sell or otherwise realize a gain: South Dakota has no state income tax, so capital gains on bullion sales aren’t taxed at the state level. Federal capital-gains tax still applies — the 28% collectibles rate for physical bullion held more than a year is the typical case.

On state legal tender: a legal-tender bill is currently pending or scheduled to take effect. Watch the effective date — once active, specie-recognition protections kick in. The fact card above has the bill number and status.

A mixed picture — some friction on entry or exit, but a real exemption to plan around. Read the fact cards above and consider how each rule applies to your transaction size.

About this page. Legislative data captured by the Empirical Research Orchestrator. Each fact links to its primary source. State laws change — confirm material facts with your CPA or the state Department of Revenue before acting on a transaction. Fair Market Value does not provide legal or tax advice.

Track your South Dakota collection at fair-market value.


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