reglab/housing_qa huggingface dataset:
SD Codified L § 10-43-43.1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-43.1 - Records kept by taxpayers--Inspection by secretary--Out-of-state records.

10-43-43.1. Records kept by taxpayers--Inspection by secretary--Out-of-state records.Each person subject to tax under this chapter shall make and keep for a period of six years after federal taxable income has been finally determined by the United States any records as required by the secretary of revenue or otherwise necessary for the administration of this chapter. The records shall, at all times during business hours of the day, be subject to inspection by the secretary to determine the amount of tax due.If in the normal conduct of the business, the required records are maintained and kept at an office outside the State of South Dakota, it shall be a sufficient compliance with this section if the records are made available for audit and examination by the Department of Revenue at the office outside of South Dakota. Source: SL 1976, ch 96, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2016, ch 62, §16.
SD Codified L § 10-43-46 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-46 - False or fraudulent return or information with intent to evade legal requirements as misdemeanor--Civil penalty.

10-43-46. False or fraudulent return or information with intent to evade legal requirements as misdemeanor--Civil penalty.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 fraudulent return or statement or supplies false or fraudulent information is guilty of a Class 1 misdemeanor. In addition, the person, corporation, officer, employee, or member is liable for a civil penalty of not more than five thousand dollars, to be recovered by the attorney general, in the name of the state. The civil penalty is in addition to all other penalties in this chapter. Source: SDC 1939, §57.9922; SL 1982, ch 86, §31; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2008, ch 37, §104; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-43-50.1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-50.1 - Supplementary return required for taxable income increase due to federal adjustment--Payment of additional tax and interest.

10-43-50.1. Supplementary return required for taxable income increase due to federal adjustment--Payment of additional tax and interest.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 report the change or correction in writing to the secretary. The report shall be in the form of a supplementary return and shall be filed within one hundred twenty days of the final adjustment by the United States. Any additional tax due and applicable interest shall be paid at the time of filing the supplementary return. The provisions of this section apply notwithstanding the limitation period for collection of taxes provided under §10-59-16. Source: SL 2016, ch 63, §1.
SD Codified L § 10-43-50.2 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-50.2 - Supplementary return for taxable income decrease due to federal adjustment--Refund for overpayment.

10-43-50.2. Supplementary return for taxable income decrease due to federal adjustment--Refund for overpayment.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 the change or correction in writing to the secretary. The report shall be in the form of a supplementary return and shall be filed within one hundred twenty days of the final adjustment by the United States. Any refund for overpayment of tax, penalty, or interest shall be made pursuant to §§10-59-22, 10-59-22.1, 10-59-23, and 10-59-24. The provisions of this section apply notwithstanding §§10-59-17 and 10-59-19.No court has jurisdiction of a suit to recover the taxes, penalties, or interest unless the taxpayer seeking the recovery of the tax complies with the provisions of this section. Source: SL 2016, ch 63, §2.
SD Codified L § 10-43-50.3 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-50.3 - Failure to file supplementary return--Secretary's determination of additional tax--Interest and penalties.

10-43-50.3. Failure to file supplementary return--Secretary's determination of additional tax--Interest and penalties.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 penalty as provided in §10-59-6, shall be made within six years after the time the supplementary return was due.The secretary may also impose a penalty of five thousand dollars or ten percent of the additional tax due, whichever is greater, for failure to timely file a supplementary return and pay any additional tax and applicable interest as required by §10-43-50.1. This penalty is in addition to all other penalties provided by law and shall be deposited in the state general fund. Source: SL 2016, ch 63, §3.
SD Codified L § 10-43-73 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-73 - Tax payment as condition precedent to doing business--Injunction against continuation in business by delinquent taxpayer.

10-43-73. Tax payment as condition precedent to doing business--Injunction against continuation in business by delinquent taxpayer.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 provided in this chapter constitutes cause for injunction in any court of competent jurisdiction upon application of the secretary of revenue for an order and judgment restraining and enjoining any delinquent taxpayer from engaging or continuing to engage in an occupation or business within this state. Source: SDC 1939, §57.2904; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2008, ch 37, §115; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-43-76 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-76 - Percentage of proceeds retained by state--Payment of remainder to counties--Branch office remittances kept separate.

10-43-76. Percentage of proceeds retained by state--Payment of remainder to counties--Branch office remittances kept separate.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 remainder, on or before February first of each year, to the county treasurer of the county wherein is situated the bank or financial institution remitting the tax. However, the remittance of tax from all branch banks, branch offices, or branches of other financial institutions subject to this tax shall be separated from the remittance of the parent bank or financial institution and shall be remitted to the county treasurer of the county in which the branch bank, branch office, or financial institution is located. Source: SL 1957, ch 468; SDC Supp 1960, §57.30A11; SL 1969, ch 266, §2; SL 1979, ch 82, §2; SL 1983, ch 80, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2005, ch 67, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2013, ch 53, §2.
SD Codified L § 10-43-77 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-77 - Apportionment of funds among taxing subdivisions.

10-43-77. Apportionment of funds among taxing subdivisions.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 determined and certified by the secretary of revenue. Source: SL 1957, ch 468; SDC Supp 1960, §57.30A11; SL 1978, ch 72, §5; SL 1991, ch 99; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2005, ch 68, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2016, ch 62, §28.
SD Codified L § 10-43-88 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-88 - Financial institution authorized to engage in trust business.

10-43-88. Financial institution authorized to engage in trust business.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, comptroller of the currency, or the office of thrift supervision and is not a related corporation of a depository institution subject to the tax imposed by this chapter. Source: SL 1995, ch 268, §86; SL 1997, ch 272, §17.
SD Codified L § 10-43-89 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-89 - Tax on financial institutions engaging in trust business.

10-43-89. Tax on financial institutions engaging in trust business.There is hereby imposed an annual minimum tax upon the financial institutions defined in §10-43-88. This tax is the tax otherwise computed according to chapter 10-43 or the tax provided in §10-43-90, whichever is greater. Source: SL 1995, ch 268, §87.
SD Codified L § 10-43-90 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-90 - Determining minimum tax imposed upon financial institutions engaged in the trust business.

10-43-90. Determining minimum tax imposed upon financial institutions engaged in the trust business.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 minimum tax is two thousand dollars; for more than twenty-four months, but fewer than thirty-six months the annual minimum tax is five thousand dollars; for thirty-six months, but fewer than forty-eight months the annual minimum tax is ten thousand dollars; and for forty-eight months or more, the annual minimum tax is twenty-five thousand dollars. Source: SL 1995, ch 268; §88; SL 1997, ch 272, §2.
SD Codified L § 10-43-91 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-91 - Tax on trustee of extended term trust.

10-43-91. Tax on trustee of extended term trust.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 banks and financial corporations as set forth in chapter 10-43 and if the trustee has not been authorized to accept deposits by the South Dakota director of banking, the comptroller of the currency, the Office of Thrift Supervision, or the Federal Deposit Insurance Corporation, the trustee is deemed to be a financial institution as described in §10-43-88 and is subject to the minimum tax set forth in §10-43-90. Source: SL 1997, ch 272, §4.
SD Codified L § 10-43-92 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-92 - Extended term trust defined.

10-43-92. Extended term trust defined.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 subject to the Employee Retirement Income Security Act of 1974, as amended and in effect on January 1, 2016. Source: SL 1997, ch 272, §3; SL 2016, ch 62, §31.
SD Codified L § 10-43-94 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-94 - Entities exempt from payment of tax.

10-43-94. Entities exempt from payment of tax.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 Institution, Small Business Administration Certified Development Company, or Regional Revolving Loan Fund; or any commercial club, chamber of commerce, or industrial development corporation formed pursuant to §9-12-11 or 9-27-37 is exempt from the payment of this tax. Source: SL 2005, ch 257, §7.
SD Codified L § 10-44-1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 44 - Insurance Company Premium And Annuity Tax|Section 10-44-1 - Definition of terms.

10-44-1. Definition of terms.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, indemnitor, or surety;(2)"Consideration for annuity contracts," the gross amount of consideration received by a company during the preceding calendar year for annuity contracts on lives of residents in this state less annuity considerations returned, termination allowances on group annuity contracts and so-called dividends on participating annuity contracts;(3)"Domestic company," any company organized under the laws of South Dakota;(4)"Foreign company," any company organized under the laws of a jurisdiction other than South Dakota;(5)"Premiums," as defined under §58-11-1, (but not including premiums received for re-insurance and not including any consideration for annuity contracts) upon property or risks, resident or located within this state, less premium refunds, including refunds of deposits to subscribers of reciprocal or inter-insurance exchanges, and so-called dividends on participating policies. Source: SL 1951, ch 456, §1; SDC Supp 1960, §57.35A01; SL 1993, ch 98, §2; SL 1995, ch 66, §1.
SD Codified L § 10-44-1.1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 44 - Insurance Company Premium And Annuity Tax|Section 10-44-1.1 - Rules of director of insurance.

10-44-1.1. Rules of director of insurance.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.
SD Codified L § 10-44-2.1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 44 - Insurance Company Premium And Annuity Tax|Section 10-44-2.1 - Applicability of tax on premiums and consideration for annuities.

10-44-2.1. Applicability of tax on premiums and consideration for annuities.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 thousand dollars. Source: SL 2006, ch 46, §2.
SD Codified L § 10-44-3 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 44 - Insurance Company Premium And Annuity Tax|Section 10-44-3 - Farm mutual insurers and fraternal benefit societies exempt from tax.

10-44-3. Farm mutual insurers and fraternal benefit societies exempt from tax.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 imposed by this chapter. Source: SL 1951, ch 456, §3; SDC Supp 1960, §57.35A03; SL 2007, ch 55, §1.
SD Codified L § 10-44-4 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 44 - Insurance Company Premium And Annuity Tax|Section 10-44-4 - Tax credit for principal office or regional home office.

10-44-4. Tax credit for principal office or regional home office.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 amount equal to fifty percent of the tax as determined under §10-44-2; and(2)An amount equal to ad valorem taxes or payments made in lieu of taxes paid by such insurer, whether direct or in the form of rent, on that proportion of the premises occupied as a principal or regional home office during the year next preceding the filing of its annual tax return.However, in no event shall such credits and deductions reduce the amount of tax to less than thirty percent of the amount of the tax otherwise payable without the application of the credit provided by this section. Any insurer who qualifies for a credit pursuant to this section shall meet the requirements provided for in §58-5-93. Source: SDC Supp 1960, §57.35A02 as added by SL 1967, ch 330; SL 1982, ch 110, §2; SL 2004, ch 92, §1.
SD Codified L § 10-44-5 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 44 - Insurance Company Premium And Annuity Tax|Section 10-44-5 - Functions of regional home office and principal office--Rules.

10-44-5. Functions of regional home office and principal office--Rules.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: actuarial; medical (where required); law; advertising and publications; public relations; and supervision and training of sales and service forces. A principal office shall perform the same functions in addition to decision making and corporate activities. The director may promulgate rules pursuant to chapter 1-26 to define the functions that qualify for the regional home office credit. Source: SDC Supp 1960, §57.35A02 as added by SL 1967, ch 330; SL 1982, ch 110, §2A; SL 1993, ch 97, §2; SL 2004, ch 92, §2.
SD Codified L § 10-44-6 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 44 - Insurance Company Premium And Annuity Tax|Section 10-44-6 - Proof of maintenance of principal office or regional home office and payment of ad valorem taxes--Certificate allowing tax credit.

10-44-6. Proof of maintenance of principal office or regional home office and payment of ad valorem taxes--Certificate allowing tax credit.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 within this state and paid ad valorem taxes. Upon receipt of proof, the director of the Division of Insurance shall issue his certificate, allowing the credits and deductions provided for in §10-44-4 with respect to the tax imposed by §10-44-2. Source: SDC Supp 1960, §57.35A02 as added by SL 1967, ch 330; SL 1982, ch 110, §3; SL 1984, ch 30, §4.
SD Codified L § 10-44-7 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 44 - Insurance Company Premium And Annuity Tax|Section 10-44-7 - Payment required for certificate permitting continuance in business.

10-44-7. Payment required for certificate permitting continuance in business.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 §10-44-2. Source: SL 1951, ch 456, §2; SL 1955, ch 413; SL 1959, ch 210; SDC Supp 1960, §57.35A02; SL 1984, ch 30, §5.
SD Codified L § 10-44-8 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 44 - Insurance Company Premium And Annuity Tax|Section 10-44-8 - Exemption of taxpayer from other taxes.

10-44-8. Exemption of taxpayer from other taxes.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. An insurance policy or annuity contract is considered intangible personal property for the purposes of this section. Source: SL 1951, ch 456, §5; SDC Supp 1960, §57.35A05; SL 1983, ch 356, §7; SL 1992, ch 80, §209; SL 2008, ch 51, §69.
SD Codified L § 10-44-9 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 44 - Insurance Company Premium And Annuity Tax|Section 10-44-9 - Additional tax levied on fire insurance premiums.

10-44-9. Additional tax levied on fire insurance premiums.Every insurance company doing fire insurance business in this state, including a fire reciprocal insurer under chapter 58-34, shall pay in addition to the tax set forth in §10-44-2 one-half of one percentum of the gross premium receipts of such company on all fire insurance business done in this state during the year next preceding as shown by its annual statement. Source: SDC Supp 1960, §57.35A02 (1) as added by SL 1966, ch 255.