Title 10 — TAXATION

For the privilege of severing energy minerals in this state, there is imposed on the owner or operator of any energy mineral an excise tax, to be termed a "severance tax," equal to four and one-half percent of the taxable value of any energy minerals severed and saved by or for t…

Terms used in this chapter mean: (1) "Energy minerals," any mineral fuel including coal, lignite, petroleum, oil, natural gas, uranium, and thorium and any combination of minerals used in the production of energy; (2) "Market value," the price at which the property would change h…

Upon receipt of any funds paid to a county under the provisions of this chapter, the county treasurer shall deposit the funds in a trust and agency account. The county auditor shall at the direction of the board of county commissioners, allocate the funds to be distributed by the…

Source: SL 1980, ch 88 , § 1; SL 2021, ch 49 , § 5.

Source: SL 1980, ch 88 , § 2; SL 2008, ch 37 , § 100; SL 2021, ch 49 , § 6.

Source: SL 1980, ch 88 , § 2; SL 2008, ch 37 , § 101; SL 2021, ch 49 , § 7.

Source: SL 1980, ch 88 , § 3; SL 2021, ch 49 , § 8. 10-39A-15. Superseded.

10-39A-16 Action by secretary for collection of delinquent taxes--Exemption from execution. 10-39A-17

All delinquent taxes imposed by this chapter shall constitute a debt due to the State of South Dakota and may be collected by action brought by the secretary in the name of the state against the delinquent tax debtor in any court of competent jurisdiction. No exemptions from the …

10-39A-18 Inspection of books and records--Authority of secretary--Violation as misdemeanor. 10-39A-19 Inspection of books and records--Authority of county commissioner--Violation as misdemeanor. 10-39A-20 False statement under oath as perjury. 10-39A-21

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. Repea…

Repealed by SL 1992, ch 158 , § 4.

Source: SL 1977, ch 93 , § 3; SL 2008, ch 37 , § 96; SL 2021, ch 49 , § 1.

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…

10-39A-7 Severance tax in lieu of taxes other than sales, use, and property taxes. 10-39A-8 Proceeds distributed. 10-39A-8.1 10-39A-8.1 , 10-39A-8.2. Repealed by SL 2007, ch 28 , §§ 2, 3. 10-39A-9 Funds paid to counties. 10-39A-10 County trust and agency account--Purposes for whi…

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.