reglab/housing_qa huggingface dataset:
SD Codified L § 10-39-56 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39 - Mineral Severance Tax|Section 10-39-56 - Tax on owners of royalty or working interests--Withholding and remittance--Exemptions.

10-39-56. Tax on owners of royalty or working interests--Withholding and remittance--Exemptions.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 to the owner of interest. The person severing precious metals shall remit the tax with his quarterly remittance following the distribution. The provisions of this section do not apply to royalty interests owned by the federal government, state government, or a local government. Source: SL 1984, ch 78, §10.
SD Codified L § 10-39-58 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39 - Mineral Severance Tax|Section 10-39-58 - Temporary provisions for severance tax on precious metals--Rate according to value of gross yield.

10-39-58. Temporary provisions for severance tax on precious metals--Rate according to value of gross yield.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 from the sale of precious metals severed in this state, and a severance tax of one percent of the gross yield from the sale of precious metals in excess of fifty million dollars severed in this state. Source: SL 1992, ch 87, §1; SL 1993, ch 93, §1.
SD Codified L § 10-39-59 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39 - Mineral Severance Tax|Section 10-39-59 - Due dates of quarterly payments.

10-39-59. Due dates of quarterly payments.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 payment for the quarter ending December 31, 1993, is due on or before the last day of January 1994; the estimated payment for the quarter ending March 31, 1994, is due on or before the last day of April 1994, and the estimated payment for the quarter ending June 30, 1994, is due on or before the last day of July 1994.The final return and final payment of tax for the period provided for in §10-39-58 is due December 1, 1994. If the total tax due is paid on or before December 1, 1994, and if the quarterly estimates total more than eighty percent of the total tax, no delinquency exists. The final return and final payment of tax for that portion of the calendar tax year ending December 31, 1994, not included within the provisions of §10-39-58, is due as provided in §§10-39-45.4 and 10-39-45.5. Source: SL 1992, ch 87, §2; SL 1993, ch 93, §2.
SD Codified L § 10-39-60 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39 - Mineral Severance Tax|Section 10-39-60 - Temporary tax not additional tax.

10-39-60. Temporary tax not additional tax.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 §10-39-43. Source: SL 1992, ch 87, §3.
SD Codified L § 10-39-67 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39 - Mineral Severance Tax|Section 10-39-67 - Filing verified estimates--Payment due.

10-39-67. Filing verified estimates--Payment due.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 thirtieth, on the last day of October for the quarter ending September thirtieth, and on the last day of January for the quarter ending December thirty-first. The final return and final payment of any additional tax due for the preceding calendar year is due June first of the year following the year for which the report is due. Source: SL 1994, ch 89, §4.
SD Codified L § 10-39-68 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39 - Mineral Severance Tax|Section 10-39-68 - Additional tax on precious metals--Rate.

10-39-68. Additional tax on precious metals--Rate.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 or greater;(2)Three dollars per ounce of gold severed during a quarter if the average price of the precious metal is seven hundred dollars per ounce or greater;(3)Two dollars per ounce of gold severed during a quarter if the average price of the precious metal is six hundred dollars per ounce or greater; and(4)One dollar per ounce of gold severed during a quarter if the average price of the precious metal is five hundred dollars per ounce or greater.The average price of gold shall be computed by summing the daily London Final price of the precious metal for each business day of the quarter and dividing by the number of business days in the quarter. Source: SL 1994, ch 89, §5.
SD Codified L § 10-39A-1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-1 - Severance tax imposed on energy minerals--Rate.

10-39A-1. Severance tax imposed on energy minerals--Rate.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 the owner or operator. Source: SL 1977, ch 93, §1; SL 1978, ch 81, §1; SL 1979, ch 78, §1; SL 2008, ch 37, §94.
SD Codified L § 10-39A-1.1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-1.1 - Definition of terms.

10-39A-1.1. Definition of terms.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 hands between a willing buyer and willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the facts;(3)"Operator," a person who directly or physically severs minerals from the land;(4)"Owner of interest" or "owner," an owner of a landowner's royalty, of an overriding royalty, or of profits and working interests, or any combination thereof. The term does not include an owner of federal, state, or local governmental royalty interest;(5)"Sale price," the total consideration received in exchange for energy minerals;(6)"Secretary," the secretary of the South Dakota Department of Revenue;(7)"Severing," the mining, extracting, or producing of any energy minerals in South Dakota;(8)"Severor," a person engaging in the business of severing energy minerals that the person owns or a person who is the owner of energy minerals and has another person performing the severing of such energy minerals, except that the term does not include the State of South Dakota or its political subdivisions. Source: SL 1978, ch 81, §2; SL 1979, ch 78, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2008, ch 37, §95; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-39A-2 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-2 - Taxable value based on sale price or market value--Governmental royalty interests deducted.

10-39A-2. Taxable value based on sale price or market value--Governmental royalty interests deducted.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 value of any severed and saved energy mineral which has not been sold is the market value of such mineral less any rental or royalty payment belonging to the United States or the State of South Dakota or its political subdivisions. Source: SL 1977, ch 93, §1; SL 1978, ch 81, §4.
SD Codified L § 10-39A-2.1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-2.1 - Posted field price as taxable value.

10-39A-2.1. Posted field price as taxable value.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.
SD Codified L § 10-39A-2.2 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-2.2 - Uranium ore taxed on triuranium octa-oxide content.

10-39A-2.2. Uranium ore taxed on triuranium octa-oxide content.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 disposed of. However, if the severed and saved uranium ore or processed uranium yellow-cake concentrate is not sold, the taxable value is the market value of the triuranium octa-oxide in such material. Source: SL 1978, ch 81, §6.
SD Codified L § 10-39A-3.1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-3.1 - Point of imposition of severance tax.

10-39A-3.1. Point of imposition of severance tax.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.
SD Codified L § 10-39A-4 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-4 - Operator to be designated to file returns and pay tax--Tax withheld from owner--Designated operator.

10-39A-4. Operator to be designated to file returns and pay tax--Tax withheld from owner--Designated operator.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 agreement, shall be withheld from distributions that would otherwise be made to each owner by the operator for payment to the state. If any owner of interests in energy minerals produced from a single well or mine fails to designate such an operator, then the person designated as operator by the owner of the working interest in the well or mine, or, if no such person has been designated, then the person holding the greatest portion of the working interest in such well or mine, is the designated operator for purposes of this section. Source: SL 1977, ch 93, §4; SL 1978, ch 81, §8; SL 2008, ch 37, §97.
SD Codified L § 10-39A-5 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-5 - Quarterly filing of reports and remission of tax due--Forms--Violation as misdemeanor.

10-39A-5. Quarterly filing of reports and remission of tax due--Forms--Violation as misdemeanor.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 file with the secretary of revenue under oath a report of the amount of energy minerals which became subject to the severance tax in the previous quarter and the amount of tax due under the provisions of this chapter and shall remit with such report the amount of tax thereof shown to be due. Any report made shall be on forms and in accordance with rules promulgated by the secretary of revenue pursuant to chapter 1-26. A violation of this section is a Class 1 misdemeanor. Source: SL 1977, ch 93, §2; SL 1978, ch 81, §9; SL 1987, ch 82, §17; SL 1992, ch 158, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
SD Codified L § 10-39A-7 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-7 - Severance tax in lieu of taxes other than sales, use, and property taxes.

10-39A-7. Severance tax in lieu of taxes other than sales, use, and property taxes. 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.
SD Codified L § 10-39A-8 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-8 - Proceeds distributed.

10-39A-8. Proceeds distributed. 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 state treasury and credited to the general fund. Source: SL 1978, ch 81, §§11, 12; SL 1979, ch 77, §§4, 5; SL 1981, ch 96; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2007, ch 28, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2021, ch 49, § 3.
SD Codified L § 10-39A-9 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-9 - Funds paid to counties.

10-39A-9. Funds paid to counties. 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.
SD Codified L § 10-39A-10 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-10 - County trust and agency account--Purposes for which proceeds used by counties.

10-39A-10. County trust and agency account--Purposes for which proceeds used by counties.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 county treasurer for school and road purposes to offset social, economic, or physical impacts, either direct or indirect, resulting from energy development or production in the county. Source: SL 1978, ch 81, §14; SL 1979, ch 77, §3.
SD Codified L § 10-39A-16 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-16 - Action by secretary for collection of delinquent taxes--Exemption from execution.

10-39A-16. Action by secretary for collection of delinquent taxes--Exemption from execution.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 execution of a judgment so obtained may be permitted except those made absolute by the exemption laws of this state. Source: SL 1982, ch 100, §2.
SD Codified L § 10-39A-18 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-18 - Inspection of books and records--Authority of secretary--Violation as misdemeanor.

10-39A-18. Inspection of books and records--Authority of secretary--Violation as misdemeanor.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, or possession of those papers, books, or records to neglect or refuse the secretary full and free access to any books, papers, or records that he requires for the purposes of this chapter. Source: SL 1982, ch 100, §4.
SD Codified L § 10-39A-19 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-19 - Inspection of books and records--Authority of county commissioner--Violation as misdemeanor.

10-39A-19. Inspection of books and records--Authority of county commissioner--Violation as misdemeanor.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 minerals within that county. It is a Class 1 misdemeanor for any person having charge, control, or possession of those papers, books, or records to neglect or refuse the board full and free access to any books, papers, or records that it requires pursuant to this section. Source: SL 1982, ch 100, §4A.
SD Codified L § 10-39A-20 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39A - Energy Minerals Severance Tax|Section 10-39A-20 - False statement under oath as perjury.

10-39A-20. False statement under oath as perjury.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.
SD Codified L § 10-39B-1 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39B - Conservation Tax On Severance Of Energy Minerals|Section 10-39B-1 - Legislative findings.

10-39B-1. Legislative findings.The Legislature finds that:(1)Exploration for and development of energy minerals in this state may from time to time require the expenditure of state funds in the administration of the rules and statutes; and(2)The State of South Dakota should be compensated for those reasonable costs incurred in carrying out the duties as set forth in chapters 45-9, 45-6B, and 45-6D. Source: SL 1983, ch 313, §1; SL 2009, ch 13, §6.
SD Codified L § 10-39B-2 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 39B - Conservation Tax On Severance Of Energy Minerals|Section 10-39B-2 - Imposition of tax--Rate--Payment--Disposition--Collection.

10-39B-2. Imposition of tax--Rate--Payment--Disposition--Collection. There is imposed on the severance of energy minerals in this state an excise tax, to be known as a conservation tax, equal to two and four-tenths mills of the taxable value of any energy minerals severed and saved. The tax shall be paid by the operator as defined in subdivision 10-39A-1.1(3). An operator may not pass the tax on to the owner of the energy minerals. The tax provided for in this chapter shall be placed in the environment and natural resources fee fund established pursuant to §1-41-23 and collected in accordance with chapter 10-59. The tax collected from the production of oil or gas may be used to carry out the duties as set forth in chapter 45-9. The tax collected from the production of coal or uranium may be used to carry out the duties as set forth in chapters 45-6B and 45-6D. Source: SL 1983, ch 313, §2; SL 1984, ch 80; SL 1994, ch 23, §3; SL 2009, ch 13, §7; SL 2021, ch 1 (Ex. Ord. 21-3), §14, eff. Apr. 19, 2021; SL 2021, ch 49, §9.
SD Codified L § 10-43-2 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-2 - Tax imposed on financial institutions.

10-43-2. Tax imposed on financial institutions.An annual tax is hereby imposed on each financial institution doing business in this state or licensed to do business in this state during any part of its tax year. Source: SL 1939, ch 263, §§3, 4; SDC Supp 1960, §§57.30A03, 57.30A04; SDCL §10-43-3; SL 1977, ch 96, §2; SL 2016, ch 62, §2.
SD Codified L § 10-43-4 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-4 - Time of liability for tax--Rate of tax--Minimum.

10-43-4. Time of liability for tax--Rate of tax--Minimum.The liability for the tax imposed by this chapter shall arise upon the first day of each tax year and shall be based upon the net income assignable to this state at the rate of six percent on net income of four hundred million dollars or less; at the rate of five percent on net income exceeding four hundred million dollars but equal to or less than four hundred twenty-five million dollars; at the rate of four percent on the net income exceeding four hundred twenty-five million dollars but equal to or less than four hundred fifty million dollars; at the rate of three percent on the net income exceeding four hundred fifty million dollars but equal to or less than four hundred seventy-five million dollars; at the rate of two percent on the net income exceeding four hundred seventy-five million dollars but equal to or less than five hundred million dollars; at the rate of one percent on the net income exceeding five hundred million dollars but equal to or less than six hundred million dollars; at the rate of one-half of one percent on the net income exceeding six hundred million dollars but equal to or less than one billion two hundred million dollars; and at the rate of one-quarter of one percent on the net income exceeding one billion two hundred million dollars. The tax payable under this section may be no less than two hundred dollars. Source: SL 1939, ch 263, §§5, 8; SL 1941, ch 356, §1; SL 1943, ch 300; SL 1957, ch 467; SDC Supp 1960, §§57.30A05, 57.30A08; SL 1969, ch 266, §1; SL 1976, ch 96, §1; SL 1977, ch 97; SL 1979, ch 82, §1; SL 1991, ch 97; SL 2000, ch 58, §1; SL 2016, ch 62, §4.
SD Codified L § 10-43-5 (2021)
2021 South Dakota Codified Laws|Title 10 - Taxation|Chapter 43 - Income Tax On Banks And Financial Corporations|Section 10-43-5 - Income tax in lieu of other taxes.

10-43-5. Income tax in lieu of other taxes.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 used in extension of credit or acceptance of deposits and the retail sales tax or the use tax on tangible personal property and any product transferred electronically. However, tangible personal property and any product transferred electronically acquired by the financial institution through a foreclosure proceeding are exempt from such other taxes.  Source: SL 1939, ch 263, §§8, 10; SL 1943, ch 300; SDC Supp 1960, §§57.30A08, 57.30A10; SL 1977, ch 96, §3; SL 1983, ch 356, §6; SL 2008, ch 37, §102; SL 2008, ch 51, §68; SL 2016, ch 62, §5.