Title 10, TAXATION

The secretary may inspect or examine any books, waybills, inventories, correspondence, and memoranda relating to or used in the transaction of the business of a person subject to the tax imposed by this chapter. It is a Class 1 misdemeanor for any person having charge, control, o…

The board of county commissioners of the affected county may inspect or examine any books, waybills, inventories, correspondence, and memoranda relating to or used in the transaction of the business of a person subject to the tax imposed by this chapter and severing energy minera…

Except as otherwise provided in this chapter, the taxable value of any energy mineral which has been sold is the sale price of such mineral less any rental or royalty payment belonging to the United States or the State of South Dakota or its political subdivisions and the taxable…

When any energy mineral has a posted field price at the point of productions, the taxable value of such mineral is the posted field price. Source: SL 1978, ch 81 , § 5.

The taxable value of severed and saved uranium - bearing material is the sales price per pound of the content of triuranium octa - oxide contained in the severed and saved uranium ore or processed yellow - cake concentrate, regardless of the form in which the product is actually …

Any person, required by this chapter to make or file a statement or to verify it under oath, who intentionally makes or verifies under oath a false statement is guilty of perjury with punishment, upon conviction, as provided by law. Source: SL 1982, ch 100 , § 5. 10-39A-21

An energy mineral is subject to the severance tax when it is sold or consumed, whichever occurs first. Source: SL 1978, ch 81 , § 7; SL 1991, ch 93 .

Each owner of interests in energy minerals produced from a single well or mine shall designate an operator to file all required returns and to pay the tax due under this chapter. The tax, subject to any provisions to the contrary in any written contract, lease, or other form of a…

Within thirty days after the close of each quarter ending respectively on March thirty-first, June thirtieth, September thirtieth, and December thirty-first of each year, each owner of severed energy minerals or person designated to remit the tax on behalf of the owners shall fil…

This tax is in lieu of all other occupational, excise, income, privilege, franchise taxes, and any other mineral taxes levied by the state, but is not in lieu of sales, use, and property taxes. Source: SL 1977, ch 93 , § 1; SL 2008, ch 37 , § 98; SL 2021, ch 49 , § 2.

All taxes, interest and penalties imposed and collected by the secretary under this chapter shall be distributed as follows: (1) One-half shall be returned to the county in which the energy minerals or mineral products were severed; and (2) One-half share shall be paid into the s…

Funds paid to counties under this chapter shall be paid out on warrants drawn by the state auditor on vouchers approved by the secretary. Source: SL 1978, ch 81 , § 13; SL 1979, ch 77 , § 2; SL 2021, ch 49 , § 4.