Title 10 — TAXATION

Any consumer may apply for and obtain a refund of fuel taxes imposed and paid to this state, for undyed special fuel purchased and used as heating oil if no dyed heating oil is available from the retail dealer. The claimant shall submit a sworn affidavit from the retail dealer te…

Any person who has exported motor fuel, ethyl alcohol, methyl alcohol, biodiesel, biodiesel blend, liquid natural gas, liquid petroleum gas, compressed natural gas, special fuel, or any combination thereof, in the engine fuel supply tank of a qualified motor vehicle engaged in in…

Any person who holds a license in accordance with the provisions of this chapter, may apply for and obtain a credit of fuel tax paid to this state, if the person mistakenly paid tax to this state that was not due. If the credit is not used by the person in the normal course of bu…

A retail dealer, holding any license issued by this chapter may apply for and obtain a refund of taxes paid to this state on undyed special fuel, delivered into a motor carrier refrigeration unit which is not attached to engine fuel supply tank of the vehicle. The claim shall ind…

A consumer of undyed special fuel may apply for a refund of fuel taxes imposed and paid to this state, for undyed special fuel in a manufacturing process for which dyed special fuel cannot be used. Adequate records shall be maintained to support such claims. Source: SL 1996, ch 9…

A consumer of motor fuel or undyed special fuel may apply for and obtain a refund of fuel taxes imposed and paid to this state, if a state or federal court of final appeals finds that taxation of the purchase or use of the fuel is preempted by federal law or unconstitutional. If …

Any person who holds a license in accordance with the provision of this chapter may apply for a credit or refund of fuel taxes imposed and paid to this state for undyed special fuel purchased and used in a nontaxable manner if it has been determined by the secretary that a shorta…

Any person may apply for and obtain a refund of taxes paid by the person to this state when undyed diesel is accidentally mixed with dyed diesel fuel if the following conditions are met: (1) The amount of undyed diesel fuel accidentally mixed with dyed diesel fuel equals five hun…

Any licensed supplier or out - of - state supplier may apply for and obtain a refund for taxes paid to this state on any gallons of motor fuel or undyed special fuel withdrawn from a terminal at the rack and sold to a party who fails to pay the supplier or out - of - state suppli…

Any wholesale distributor or retail dealer licensed as a marketer in this state may apply for and obtain a refund for taxes paid to this state on any gallons of motor fuel, undyed special fuel, or liquid petroleum gas sold to customers whose accounts are found to be worthless. Ac…

No refund of motor fuel or special fuel taxes paid may be made for any of the following uses of fuel: (1) Fuel used in motor vehicles operated on the public highways of this state; (2) Fuel used for propulsion on the highway in any vehicles, machinery, or equipment for any highwa…

10-47B-136.1 Tax report credit for special fuel blended with biodiesel to create biodiesel blend. 10-47B-137 Lost fuel--Requirements for tax refund. 10-47B-138 10-47B-138 to 10-47B-142. Repealed by SL 2011, ch 61 , §§ 11 to 15. 10-47B-143 Rejection of fraudulent claim. 10-47B-144…

A tax report credit for special fuel blended with biodiesel to create biodiesel blend shall be allowed to the licensed blender who performs the blending activity. The tax report credit shall be granted on a per gallon basis in the amount that the rate for special fuel exceeds the…

Any person engaged in the sale of motor fuel or special fuel and licensed in accordance with the provisions of this chapter, who has lost motor fuel or undyed special fuel, upon which fuel excise tax has been paid to this state, by leakage or theft, or a single incident of loss o…

If upon investigation it is determined that any claim has been fraudulently presented or supported as to any item therein, either by invoices fraudulently made or altered or that any statement in the claim is willfully false in any particular, then the claim may be rejected in it…

Interest at the rate provided for under § 10-59-6 shall be paid on any refund claim amount authorized by §§ 10-47B-119.2 to 10-47B-131 , inclusive, which has not been refunded to the claimant within sixty days of acceptance by the department during the months of January, February…

The secretary may reject any claims for tax refunds which do not conform to the criteria set forth under this chapter or reject any claim which cannot be supported by the claimant's records. The secretary may also assess tax against a refund claimant if it is determined that a re…

Any department and division of state government having functions connected with the control, licensing, registry, or regulation of motor vehicles or their operations shall cooperate with the department in obtaining information and data necessary to administer this chapter. In add…

The secretary may enter into interstate agreements or compacts with authorized representatives of other jurisdictions to provide for the collection, auditing, and distribution of fuel taxes collected for such jurisdictions under the provisions of a signed interstate agreement or …

Any tax, fee, penalty assessment, and interest assessment collected under this chapter are to be deposited with the state treasurer who shall credit the amount received to the motor fuel tax fund. However, taxes collected under this chapter on behalf of other jurisdictions under …

At the beginning of each month, the secretary shall make adjustments to the motor fuel tax fund balance in the following manner: (1) Each July transfer an amount to the snowmobile trails' fund equal to the product of multiplying the number of licensed snowmobiles as of July first…

The amount to be distributed to counties and townships pursuant to § 10-47B-149 shall be distributed among the counties, pro rata, twenty-five percent according to truck registrations, twenty-five percent according to population, and fifty percent according to total road mileage.…

The Legislature finds, based on historical data, that one million four hundred ten thousand dollars represents the amount of motor fuel taxes collected annually on motor fuel for nonhighway agricultural uses. The Legislature further finds that these funds should be utilized in a …

The secretary shall ascertain the number of gallons of motor fuel and special fuel purchased, imported, received, or distributed each month in South Dakota for use in airplanes and aircraft and shall transfer the taxes collected thereon to the state aeronautics fund. Source: SL 1…

The Legislature hereby finds that of all the motor fuel sold in this state on which the tax provided in this chapter, is imposed and collected and is not refunded, an amount equal to one hundred forty gallons per registered motorized boat is used to propel motorboats on the inlan…

The secretary shall transfer to the parks and recreation fund an amount as provided by subdivision 10-47B-149(5) for the following purposes: the treatment of water; the control of pollution; and the acquisition, construction, and maintenance of facilities, including landings, har…

The purposes stated in § 10-47B-151 , even if done in conjunction or cooperation with a private developer are declared to be public purposes. Any private developer shall be selected by the managing governmental entity through a formal request for proposal purposes. Source: SL 199…

10-47B-155 License revocation hearing--Written notice of revocation. 10-47B-156 Sworn statement in lieu of verification of report before a notary public. 10-47B-157 Record keeping required of licensee. 10-47B-158 Additional records to be kept by liquid petroleum gas user or consu…

If any person licensed pursuant to this chapter fails to file a report or remit the tax payment when due, the secretary may immediately schedule a license revocation hearing. Upon revocation of the license the person shall cease any business activity authorized by the license. Wr…

Any law of this state which requires a sworn or verified report or return to be made to the secretary by any person licensed pursuant to this chapter, is satisfied if the person required to make the report or the person's authorized officer or agent, in lieu of verification befor…

Each person issued a license pursuant to this chapter shall keep and preserve for the current and the three preceding calendar years an accurate record of all sales receipts, disbursement records, sales/purchase invoices, bills - of - lading, diversion tickets, partial load ticke…

In addition to the requirement set forth in § 10-47B-157 , a liquid petroleum gas user or a consumer refund claimant shall keep individual vehicle and machinery consumption records, motor vehicle odometer readings, machinery hour readings, monthly consumption and odometer summari…

Each fuel transaction in this state or between an out-of-state supplier and importer shall be supported by a sales/purchase invoice. A copy of the invoice shall be maintained in the records of both the seller and the purchaser. The invoices shall be serially numbered and shall co…

The secretary may examine the records, books, papers, fuel, and any other equipment of a person licensed pursuant to the provisions of this chapter or refund claimant pertaining to fuel received, sold, or used to verify the truth and accuracy of any statement, claim, or report; o…

The department may order an in - office review of a refund claimant or licensee's records in lieu of a full field audit. If an in - office review is ordered, the department shall provide all pertinent forms to the refund claimant or licensee with instructions for completion and r…

Source: SL 1995, ch 71 , § 159; SL 1996, ch 47 , § 18; SL 1998, ch 72 , § 1; SL 2002, ch 66 , § 1; SL 2002, ch 170 , § 2; SL 2003, ch 70 , § 1; SL 2011, ch 62 , § 1; SL 2012, ch 71 , § 3; SL 2013, ch 61 , § 1; SL 2018, ch 124 , §§ 10, 12.

Source: SL 1995, ch 71 , § 160; SL 2018, ch 124 , §§ 10, 12.

Source: SL 1995, ch 71 , § 161; SL 2002, ch 170 , § 3; SL 2011, ch 62 , § 4; SL 2018, ch 124 , §§ 10, 12.

There is hereby established the ethanol infrastructure incentive fund to receive funds pursuant to §

The Governor's Office of Economic Development may promulgate rules pursuant to chapter 1-26 concerning the ethanol infrastructure incentive fund as follows: (1) The submission of grant applications for the ethanol infrastructure incentive fund; (2) Eligibility criteria for grants…

Any balance in the ethanol infrastructure incentive fund in excess of one million dollars, after the monthly deposit made pursuant to § 34A-13-20 , shall be transferred to the state highway fund. Source: SL 2018, ch 124 , § 4.

Source: SL 1995, ch 71 , § 162; SL 1998, ch 72 , § 2; SL 2018, ch 124 , §§ 11, 12.

The term does not include kerosene; (15) "Gallon," for purposes of fuel taxation, a United States gallon measured on a gross volume basis. Temperature adjusted or net gallons of measurement are not acceptable as units of measurement for taxation purposes unless used for the calcu…

A licensed liquid petroleum gas vendor may sell liquefied petroleum gas exempt from the fuel tax imposed by this chapter, to a licensed liquid petroleum gas user or to a purchaser who owns a motor vehicle propelled by liquefied petroleum gas if the vendor delivers the gas into a …

For the purpose of determining the amount of liquid petroleum gas, compressed natural gas, and liquid natural gas tax due, each liquid petroleum gas, natural gas, and liquid natural gas vendor shall file with the department a monthly report by electronic means on an electronic re…

Any report required by § 10-47B-168 shall be filed with respect to information for the preceding calendar month by electronic means on or before the twentieth day of the month following each monthly period. Source: SL 1995, ch 71 , § 166; SL 2011, ch 64 , § 18; SL 2013, ch 60 , §…

The vendors shall report pursuant to § 10-47B-168 : (1) The number of gallons of liquid petroleum gas sold upon which fuel tax was charged; (2) The number of gallons of liquid petroleum gas sold upon which sales tax was charged; (3) The number of gallons of compressed natural gas…

For the purpose of determining the amount of liquid petroleum gas tax due, each liquid petroleum gas user shall file with the department a semiannual report by electronic means on an electronic reporting system furnished by the department. In addition to the information required …

Any report required by § 10-47B-170.1 shall be filed with respect to information for the preceding semiannual period by electronic means on or before the twentieth day of the month following each semiannual period. Source: SL 2013, ch 60 , § 28; SL 2017, ch 65 , § 35.

The liquid petroleum gas users shall report pursuant to § 10-47B-170.1 the number of gallons used in motor vehicles. Source: SL 1995, ch 71 , § 168; SL 2013, ch 60 , § 29.