Title 10 — TAXATION

Any surplus remaining above the special assessment or assessments, charges for keeping, fees for sale, fees for levying on the property and mileage, as allowed by law, shall be returned to the owner; and the treasurer shall, on demand, render an account in writing of the sale and…

If the property so distrained and seized cannot be sold for want of bidders, the treasurer shall return a statement of the fact, and return the property to the possession of the public utility company from which the same was taken and such tax shall be returned as unpaid. Source:…

Sections 10-38-23 to 10-38-27 , inclusive, shall apply to the enforcement and collection of all delinquent special assessments or taxes that may have heretofore become delinquent, as well as to all special assessments or taxes which shall hereafter become delinquent. Source: SL 1…

Notwithstanding any provision of any law to the contrary, the Department of Revenue shall send a notice, by registered or certified mail not later than the first Monday of September of each year, to the county auditor of each county where any centrally assessed property is locate…

Any public taxing district, governmental subdivision of this state, or affected utility feeling aggrieved by any decision of the Department of Revenue as to the final assessed valuation of the utility, or the equalization of the utility's valuation, or from any decision relating …

All appeals pursuant to § 10-38-30 shall be considered de novo by the sixth judicial circuit court in Hughes County. Source: SL 1993, ch 92 , § 3.

Any appeal to the sixth judicial circuit pursuant to § 10-38-30 shall be perfected by the filing of a notice of appeal in the Office of the Clerk of Courts of Hughes County on or before the first Monday in October of the subject tax year. Source: SL 1993, ch 92 , § 4; SL 1994, ch…

All appeals regarding a utility's property shall be consolidated by the circuit court into a single action. Source: SL 1993, ch 92 , § 5.

The sixth judicial circuit court may award reasonable attorneys' fees, in an action brought to court pursuant to this chapter against any appellant relative to the assessment, allocation, equalization, or distribution of property if the appellant does not prevail in its appeal of…

On motion, the Supreme Court may award reasonable attorneys' fees in an action brought to the Supreme Court pursuant to this chapter against any appellant relative to the assessment, allocation, equalization, or distribution of property if the appellant does not prevail in its ap…

It is not a bar to any appeal by a public taxing district or governmental subdivision under § 10-38-30 that the public taxing district or governmental subdivision did not participate or intervene in the administrative action of the Department of Revenue. Source: SL 1993, ch 92 , …

It is a petty offense for any public utility that is required by chapters 10-28 , 10-33 , or 10-35 , to make any report or statement for purposes of taxation, to knowingly make a false statement in any material respect. Source: SL 1917, ch 120 , § 5; SL 1917, ch 121 , § 5; SL 191…

It is a petty offense for a public utility company to fail to file any statement or report required by any of such chapters. Each day the statement or report is not filed is a separate offense. If any such public utility shall make an attempt in good faith to comply with the prov…

The penalties provided in §§ 10-38-5 and 10-38-6 shall be paid into the general fund of the state. Source: SL 1917, ch 120 , § 5; SL 1917, ch 121 , § 5; SL 1917, ch 122 , § 5; RC 1919, §§ 6612, 6633, 6646; SL 1925, ch 90 , § 5; SDC 1939, § 57.9917.

In addition to such penalties, the Department of Revenue may, in its discretion, add twenty-five percent to the assessable value or the amount of taxation due from such company for failure to make the report or statement required on the specified date. Source: SDC 1939, § 57.9917…

Any agent of any public utility company who shall knowingly make to any official of this state having the right to require the same for taxation purposes, any false or fraudulent statement or report concerning any of the affairs of such public utility company which is required fo…

Terms used in this chapter mean: (1) "Department," the South Dakota Department of Revenue; (2) "Precious metals," gold and silver; (3) "Secretary," the secretary of the South Dakota Department of Revenue; (4) "Severing," the mining, extracting, or producing of any precious metal.…

For the privilege of severing precious metals in this state, there is imposed a severance tax of four dollars per ounce of gold severed in this state. Source: SL 1981, ch 95 , § 2; SL 1984, ch 78 , § 1; SL 1994, ch 89 , § 1.

In this chapter, gross yield means total receipts from the sale of precious metals severed in this state. Gross yield includes the amount received in money, credits, property, or other consideration from the sale of precious metals severed in this state without any deduction for …

For the purposes of this chapter, the severing of precious metals and the further acts or processes necessary to separate, refine, or finish the product are construed to be a continuous and uninterrupted process, and the tax imposed by this chapter shall apply to the value of the…

In addition to any other tax imposed in chapter 10-39 , there is imposed a tax of ten percent of the net profits from the sale of precious metals severed in this state. Source: SL 1984, ch 78 , § 2; SL 1994, ch 89 , § 3.

Net profits shall be determined by subtracting from the gross yield, as defined by § 10-39-44 , the following deductions for costs paid or incurred during the period for which the tax is paid: (1) The cost of extracting the precious metals; (2) The cost of transporting the precio…

On or before the last day of January, April, July, and October, each person who mined or extracted precious metals during the previous calendar year shall file with the Department of Revenue a verified estimate of the person's tax for the current year and pay one-fourth of the es…

On or before the first day of June, each person subject to the tax imposed by this chapter shall file and pay the balance of any tax due from the previous calendar year. If the estimated tax payments made for the previous calendar year exceed the amount due, the excess shall be r…

Any person engaged in mining or extracting precious metals in the state shall annually on the first day of June file a statement with the secretary of revenue showing the gross yield, gross production, and net profits from precious metal mining or extraction for the previous cale…

If the total tax due is paid on or before June first and if the quarterly estimates total more than eighty percent of the total tax, no delinquency exists. Source: SL 1984, ch 78 , § 7. 10-39-46. Superseded. 10-39-47. Repealed by SL 2017, ch 66 , § 4.

Every person severing precious metals in this state who fails to file the required statements with the Department of Revenue is guilty of a Class 1 misdemeanor. If any person fails to file required statements, the secretary of revenue may determine the value of the precious metal…

The secretary of revenue may, pursuant to chapter 1-26 , promulgate rules concerning: (1) The procedures for filing a tax return and payment of the tax; (2) The definition of deductible costs; and (3) Determining the application of the tax and exemptions. Source: SL 1981, ch 95 ,…

Any person owning a precious metal mine or severing precious metals shall, on demand by the secretary of revenue, make available all books, records, inventories, correspondence, and memoranda relating to the severing of precious metals. Any person violating the provisions of this…

A taxpayer who is required by the secretary of revenue to pay a tax that the taxpayer deems improper or unlawful in amount may pay the tax under protest and may recover the tax without interest, if an action is commenced in the circuit court against the secretary within six month…

A person who intentionally makes or files, under oath, a statement required by this chapter which is false, is guilty of a Class 6 felony. The market value of all precious metals on which the person makes a false statement shall be forfeited to the State of South Dakota. Source: …

Each person severing precious metals shall be given an exemption from the taxes imposed by this chapter for the first twenty ounces of precious metals severed each year. Source: SL 1981, ch 95 , § 12; SL 1984, ch 78 , § 8.

All taxes, interest and penalties imposed and collected by the secretary of revenue under this chapter must be distributed as follows: (1) For persons severing precious metals that were in business in the state prior to January 1, 1981, all revenues collected must be deposited in…

The secretary of the department shall transfer, by the end of the calendar month following each reporting period, the revenue payable to a county pursuant to subdivisions 10-39-54 (2) and (3). Source: SL 1988, ch 101 , § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex…

Upon receipt of any funds paid to a county under the provisions of §§ 10-39-54 to 10-39-54.4 , inclusive, the county treasurer shall deposit the funds in a trust account to be known as the impact and economic diversification trust fund. No allocation of such funds for authorized …

The county auditor shall, at the direction of the board of county commissioners, allocate funds received by the county pursuant to §§ 10-39-54 to 10-39-54.4 , inclusive, to be distributed by the county treasurer for the following purposes in the indicated amounts: (1) On a yearly…

On or before January thirty - first of each year, the board of county commissioners shall cause to be filed with the state auditor general a financial accounting of all funds held at the beginning and end of the previous calendar year, segregating such funds into severance tax pa…

The owner of a royalty interest, of an overriding royalty or of profits or working interest shall pay a tax equal to eight percent of the value received for the right to sever precious metals. The person severing precious metals shall withhold the tax from the distributions made …

Notwithstanding the provisions of § 10-39-43 , for the privilege of severing precious metals in this state, for the time period beginning July 1, 1993, and ending June 30, 1994, there is imposed a severance tax of two percent of the first fifty million dollars of the gross yield …

Notwithstanding the provisions of §§ 10-39-45.3 , 10-39-45.4 , and 10-39-45.5 , the period set forth in § 10-39-58 shall be treated as a separate tax year. The estimated payment for the quarter ending September 30, 1993, is due on or before the last day of October; the estimated …

Nothing in § 10-39-58 or 10-39-59 may be construed to mean that the tax imposed under § 10-39-58 is in addition to the tax imposed by §

Effective January 1, 1993, persons required to report net profits tax shall file verified estimates of the tax due and pay one - fourth of the tax on the last day of April for the quarter ending on March thirty - first, on the last day of July for the quarter ending June thirtiet…

In addition to the tax imposed in § 10-39-43 , there is hereby imposed an additional tax on each ounce of precious metals severed as follows: (1) Four dollars per ounce of gold severed during a quarter if the average price of the precious metal is eight hundred dollars per ounce …

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.