Title 10 — TAXATION

Any person, corporation, or any officer or employee of a corporation, or member or employee of any partnership, who, with intent to evade any of the requirements of this chapter or any lawful requirements of the secretary of revenue pursuant to this chapter, makes a false or frau…

The tax referred to in this chapter is in lieu of all other taxes, state, county, and local, except taxes upon the institutions' real property, taxes upon the institutions' leased sites, taxes upon tangible personal property and products transferred electronically not normally us…

A taxpayer who has filed a return with the department for a specific tax year and subsequently has a change or correction to the taxpayer's net income, as a result of audit or adjustment by the United States, that increases the taxpayer's taxable income in this state, shall repor…

A taxpayer who has filed a return with the department for a specific tax year and subsequently has a change or correction to the taxpayer's net income, as a result of audit or adjustment by the United States, that decreases the taxpayer's taxable income in this state, may report …

If a taxpayer fails to file a supplementary return as required by § 10-43-50.1 , the secretary may determine the amount of additional tax due, if any, based on information available to the secretary. The secretary's determination of additional tax due, together with interest and …

The payment of the tax levied by this chapter is, in addition to all other licenses and taxes imposed by the laws of this state, a condition precedent to the engaging or continuing to engage in a business or occupation within this state. Default in the payment of taxes as provide…

Upon the receipt of the funds referred to in this chapter, the secretary of revenue shall deposit ninety-five percent of the taxes paid by credit card banks and twenty-six and two-thirds percent of all other revenue to the general fund. The secretary of revenue shall remit the re…

The county treasurer upon receipt of the funds, remitted to the county pursuant to § 10-43-76 , shall apportion and distribute the funds between the taxing subdivisions in the same proportion as the real property taxes levied in each taxing subdivision in the previous year as det…

For the purpose of this section and §§ 10-43-89 and 10-43-90 , financial institution means a financial institution defined in subdivision § 10-43-1(4) but is one which is authorized to engage in the trust business and has not been authorized to accept deposits by the director, co…

There is hereby imposed an annual minimum tax upon the financial institutions defined in §

If a financial institution as described in § 10-43-88 has been authorized to engage in the trust business in South Dakota for fewer than twelve months, the annual minimum tax is five hundred dollars; for more than twelve months, but fewer than twenty - four months the annual mini…

Any corporation, limited liability company, partnership, or other business entity which serves as a trustee or co - trustee for an extended term trust, which trust has a situs for state income tax purposes in the State of South Dakota, is subject to the South Dakota income tax on…

As used in § 10-43-91 , the term, extended term trust, means any trust which has no limitation on duration which would require the trust to cease and terminate on a date not later than twenty-one years beyond any life in being. Extended term trusts may not include any trust subje…

The State of South Dakota, any political subdivision of the state, and any quasi-governmental organization created by an executive order of the State of South Dakota and any subsidiary of such organization; any nonprofit United States Treasury Community Development Financial Inst…

Terms used in this chapter mean: (1) "Company," any corporation, association, reciprocal or inter - insurance exchange, and any other organization whatsoever, whether foreign or domestic, transacting business in South Dakota under the insurance laws of this state, as insurer, ind…

The director of the Division of Insurance may make reasonable rules to administer or interpret the provisions of this chapter to include, but not be limited to, definition of terms. Source: SL 1982, ch 110 , § 4.

Any municipality of the first class having a paid fire department with three or more full - time members shall be required to pay over the money so received as provided by §

All taxes and installments not paid when due shall be paid together with a penalty assessment on the unpaid balance at the rate of one and one - half percent per month, or fraction thereof. The Division of Insurance may refund any penalty or interest paid in error. Upon written r…

The provisions of § 10-44-2 and this section shall be retroactive to July 1, 2001, and shall apply to any premium tax for any life insurance policy with an annual premium exceeding one hundred thousand dollars and to any annuity with an annual consideration exceeding five hundred…

An insurer shall pay premium tax as provided in § 10-44-2 on travel insurance premiums paid by: (1) An individual primary policyholder who is a resident of this state; (2) A primary certificate holder who is a resident of this state who elects coverage under a group travel insura…

Farm mutual insurers organized and operating under chapter 58-35 and fraternal benefit societies organized, licensed, or operating under chapter 58-37A are hereby declared to constitute a distinct and separate classification of insurance companies and shall be exempt from the tax…

Any insurer subject to payment of tax provided for in § 10-44-2 , and which has in this state its principal office, or a regional home office as defined in § 10-44-5 , for over one - half the tax year is entitled to the following credits and deductions against such tax: (1) An am…

A regional home office, for the purposes of § 10-44-4 , means an office performing, for an area covering one or more states, the following functions: the marketing, claims, underwriting, and policyholder servicing. A regional home office may also perform the following functions: …

Any insurer claiming the credits and deductions provided by § 10-44-4 shall furnish satisfactory proof by March first of each year, on forms to be prescribed by the director of the Division of Insurance, that the insurer maintained its principal office or regional home office wit…

The director of the Division of Insurance may not issue a certificate permitting a company to continue doing business in this state until payment of the tax imposed by §

Each company required to pay a tax under this chapter is exempt from all other taxes, state and local, except taxes upon real property as may be owned by the company and the retail sales tax and the use tax on tangible personal property and any product transferred electronically.…

On July fifteenth of each year, the secretary of the Department of Labor and Regulation shall determine the amount of fire insurance premium tax collected by the state under the provisions of §§ 10-44-2 and 10-44-9 for the previous calendar year. Ten percent of the tax collected …

Any fire department which was formed at least one year prior to making application, which has not less than fifteen members and one fire truck with pumper housed in a heated building, and which has complied with § 34-29B-9 shall be certified annually on or before the last day of …

10-44-9.4 Allocation to counties--Amount. 10-44-9.5 Allocation to fire departments serving county--Amount. 10-44-9.6 Payments to fire departments--Uses of money--Accumulation of funds--Reallocation if fire department ceases to exist--Unused balance to general fund. 10-44-10 10-44…

On or about July fifteenth of each year, the secretary of public safety shall send to each county auditor a list of certified county fire departments and a warrant in an amount equal to one-half of the amount appropriated pursuant to § 10-44-9.1 , times the ratio of the assessed …

Upon receipt of the funds as provided in § 10-44-9.4 each county auditor shall determine the amount to be received by each certified fire department servicing the county, including those domiciled outside the county. All the funds received shall be divided one-half in the same ra…

After the allocation of funds as provided in § 10-44-9.5 , the county shall pay over to each of the certified fire departments servicing the county the amount of money determined to be their share under §

Source: SL 1951, ch 456 , § 4; SL 1957, ch 469 ; SL 1959, ch 440 , § 1; SDC Supp 1960, § 57.03A04; SL 1977, ch 98 , § 7; SL 1992, ch 60 , § 2.

Source: SL 2002, ch 63 , § 3.

For purposes of the tax imposed by this chapter, gross receipts do not include any fees or other interest imposed by a retailer for late charges on overdue accounts, no account, or nonsufficient funds checks. Source: SL 2002, ch 64 , § 14.

For the purposes of this chapter, the phrase, distinct and identifiable products, does not include: (1) Packaging, including containers, boxes, sacks, bags, bottles, wrapping, labels, tags, and instruction guides, that accompany the retail sale of the products and are incidental …

For the purposes of this chapter, the phrase, one nonitemized price, does not include a price that is separately identified by product on binding sales or other supporting sales-related documentation made available to the customer in paper or electronic form including an invoice,…

For the purposes of this chapter, the term, bundled transaction, does not include: (1) A transaction that includes the retail sale of real property or services to real property; (2) A transaction that includes the retail sale of any products in which the gross receipts varies, or…

For the purposes of § 10-45-1.12 , the term, de minimis, means the retailer's purchase price or gross receipts of the taxable products is ten percent or less of the total purchase price or gross receipts of the bundled products. A retailer shall use either the purchase price or t…

For the purposes of this chapter, the term, gross receipts, means the total amount or consideration, including cash, credit, property, and services, for which tangible personal property, any product transferred electronically, or services are sold, leased, or rented, valued in mo…

Gross receipts, as defined in § 10-45-1.14 , include consideration received by the retailer from third parties if: (1) The retailer actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on …

Gross receipts, as defined in § 10-45-1.14 , do not include: (1) Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a retailer and taken by a purchaser on a sale; (2) Interest, financing, and carrying charges from credit exten…

The term, telecommunications service, as used in this chapter, means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points. The term, telecommunications service, includes such t…

Terms used in this chapter mean: (1) "Intrastate telecommunications service," a telecommunications service that originates in one United States state or a United States territory or possession, and terminates in the same United States state or a United States territory or possess…

Notwithstanding any other provision of law, gross receipts as defined in this chapter do not include any tax imposed by this chapter and chapters 10-45D , 10-52 , and 10-52A , and §§ 49-34A-45 and 49-34A-46 that is separately stated on the invoice, bill of sale, or similar docume…

For purposes of the tax imposed by this chapter, the sale price of property returned by customers are not gross receipts if the full sale price thereof is refunded either in cash or by credit. Source: SL 2002, ch 64 , § 15.

The following are exempt from the provisions of this chapter and from the computation of the tax imposed by this chapter: (1) Gross receipts from services rendered by a natural person to a business taxed as a partnership in which the natural person is an owner; (2) Gross receipts…

For purposes of the tax imposed by this chapter, if any tangible personal property or any product transferred electronically is taken in trade or in a series of trades as a credit or part payment of a retail sale taxable under this chapter, and the tangible personal property or t…

In computing the tax to be remitted under this chapter as the result of any transaction, the tax amount shall be carried to the third decimal place. Amounts of tax less than one - half of one cent shall be disregarded and amounts of tax of one - half cent or more shall be conside…

For the purposes of the tax imposed by this chapter, the term, lease or rental, means any transfer of possession or control of tangible personal property or any product transferred electronically for a fixed or indeterminate term for consideration. A lease or rental may include f…