reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:06 - Administration › Section 62:03:06:01 - Conflict of interest

Current through Register Vol. 51, page 10, July 15, 2024
No employee of a participating employer and no spouse or dependent of the employee may act as or represent a third party administrator or a vendor in a matter concerning the plan, except that the South Dakota investment council and its employees may invest all or part of the fund.
General Authority:
SDCL  3-13-54.
Law Implemented:
SDCL  3-13-51.1,  3-13-54.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:06 - Administration › Section 62:03:06:02 - Assignment

Current through Register Vol. 51, page 10, July 15, 2024
No participant may assign or otherwise alienate any right to benefits under the plan except through the provisions of a qualified domestic relations order as defined in § 414(p) of the code.
General Authority:
SDCL  3-13-54.
Law Implemented:
SDCL  3-13-51.1,  3-13-54.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:06 - Administration › Section 62:03:06:03 - Trustee-to-trustee transfer and rollover into account

Current through Register Vol. 51, page 10, July 15, 2024
To the extent permitted by law, a participant may transfer a portion or all of the participant's account in another plan which is eligible under § 401, 403(b), 408, or 457(b) of the code into this plan by trustee-to-trustee transfer or by rollover. The plan shall account for such amounts separately. A participant may rollover designated Roth contributions into the plan only if the contributions are a direct rollover from another plan that permits designated Roth contributions as described in section 402A(e)(1) of the code and only to the extent the rollover is permitted under section 402(c). The plan shall establish and maintain separate recordkeeping for any Roth rollover paid to the plan from any eligible retirement plan and shall record the year in which the participant first made a designated Roth rollover.
General Authority:
SDCL  3-13-54,  3-13-57.
Law Implemented:
SDCL  3-13-54,  3-13-57.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:06 - Administration › Section 62:03:06:03.01 - Trustee-to-trustee transfer from account

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of acquiring credited service in a qualified governmental defined benefit retirement plan as identified under § 401(a) and defined in § 414(d) of the code, a participant may transfer a portion or all of the participant's account in the plan by trustee-to-trustee transfer to the government defined benefit retirement plan.
General Authority:
SDCL  3-13-54.
Law Implemented:
SDCL  3-13-54.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:06 - Administration › Section 62:03:06:03.02 - Rollover from account

Current through Register Vol. 51, page 10, July 15, 2024
A participant or a participant's surviving spouse may transfer a portion or all of the participant's account by rollover to another plan which is eligible under § 401, 403(b), 408, 408 A, or 457 of the code. A participant's beneficiary who is not the participant's surviving spouse may transfer a portion or all of the participant's account by rollover to a plan which is eligible under § 408 or 408 A of the code.
General Authority:
SDCL  3-13-54.
Law Implemented:
SDCL  3-13-54.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:06 - Administration › Section 62:03:06:03.03 - In-plan Roth conversion

Current through Register Vol. 51, page 10, July 15, 2024
A participant may convert his or her pre-tax contributions to designated Roth contributions within the plan. The amount of the in-plan Roth conversion is subject to ordinary income taxes in the year of the conversion, and withholding of federal income tax from the conversion amount is prohibited. Once an in-plan Roth conversion is processed it is irrevocable. The amount of an in-plan Roth conversion shall continue to be taken into consideration for mandatory distributions. The plan shall establish and maintain separate recordkeeping for any in-plan Roth conversion made within the plan and shall record the year in which the participant first made a conversion.
General Authority:
SDCL  3-13-57.
Law Implemented:
SDCL  3-13-57.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:06 - Administration › Section 62:03:06:04 - Operation of plan for benefit of participants - Assets held in trust

Current through Register Vol. 51, page 10, July 15, 2024
The plan and its assets, until made available to a participant or a beneficiary, shall be maintained in trust for the sole benefit of the participants of the plan.
General Authority:
SDCL  3-13-54.
Law Implemented:
SDCL  3-13-53.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:06 - Administration › Section 62:03:06:06 - Filing of required forms

Current through Register Vol. 51, page 10, July 15, 2024
Any form required under the plan which causes a change on a participant's payroll must be received in the office of the third-party administrator prior to the first of the month in which the change is to become effective, and the participant must notify the participant's employer prior to the last date on which the participant's employer can make payroll changes effective. If a form is filed too late for a change to be made effective for the next following pay period, the change becomes effective in the subsequent pay period.
General Authority:
SDCL  3-13-54.
Law Implemented:
SDCL  3-13-54.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:06 - Administration › Section 62:03:06:07 - Correction of errors - Excess deferrals

Current through Register Vol. 51, page 10, July 15, 2024
If, due to an error, a participant defers more than the permissible amount, the third-party administrator may correct the error by returning the excess deferral to the participant. For any plan year in which a participant makes both pre-tax contributions and designated Roth contributions, any corrective distribution shall be taken first from the participant's designated Roth contributions, and then, if required, from the pre-tax contributions. However, a participant may elect a different method of distribution.
General Authority:
SDCL  3-13-54,  3-13-57.
Law Implemented:
SDCL  3-13-54,  3-13-57.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:06 - Administration › Section 62:03:06:08 - Correction of errors - Payroll error

Current through Register Vol. 51, page 10, July 15, 2024
If, due to a payroll error, a participant's deferral is deposited in an investment alternative other than the one selected by the participant, the third-party administrator may correct the error by transferring the participant's deferral to the proper investment alternative, subject to any limitations which may be imposed by the vendor. No retroactive adjustment may be made.
General Authority:
SDCL  3-13-54.
Law Implemented:
SDCL  3-13-54.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:01 - Automatic enrollment units - Automatic escalation - Decision - Rescission of unit's status - Automatic enrollee's status

Current through Register Vol. 51, page 10, July 15, 2024
Any participating employer may become an automatic enrollment unit. Automatic enrollment includes automatic escalation for any participating employer becoming an automatic enrollment unit after June 30, 2015. The decision to become an automatic enrollment unit shall be made by the elected official, the appointed official, or the governing body in charge of the participating employer. The participating employer shall become an automatic enrollment unit after notice of the decision has been delivered in writing to the system. An automatic enrollment unit may choose to rescind such status at a later date and may do so by delivering written notice of that decision to the system. However, if such a rescission occurs, the status of any automatic enrollee, including any automatic enrollee with automatic escalation, who was enrolled in the plan is not affected.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(2),(10).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:01.01 - Automatic escalation for participating employers that became automatic enrollment units prior to July 1, 2015

Current through Register Vol. 51, page 10, July 15, 2024
A participating employer who became an automatic enrollment unit prior to July 1, 2015, may elect to add automatic escalation for its current and future permanent employees. The decision shall be made by the elected official, the appointed official, or the governing body in charge of the unit and becomes effective after notice of the decision has been delivered in writing to the system.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(2), (10).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:01.02 - Start of automatic escalation at election of unit - Notice required

Current through Register Vol. 51, page 10, July 15, 2024
An automatic enrollment unit may elect to commence automatic escalation in either January or July. Automatic escalation commences the January or July immediately after the automatic enrollment unit's decision is delivered in writing to the system as long as notice of the decision is received no later than September 15 for a January start or March 15 for a July start. If the notice of the unit's decision is received after those dates, automatic escalation commences the following January or July, as elected by the unit.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(10).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:02 - Automatic enrollment

Current through Register Vol. 51, page 10, July 15, 2024
Any person who becomes a permanent employee of a participating employer after the participating employer becomes an automatic enrollment unit becomes an automatic enrollee in the plan. Any permanent employee of the state who is not contributing to the plan on June 30,2019, becomes an automatic enrollee in the plan on July 1,2019 . Any other permanent employee who is not contributing to the plan and who is employed by an automatic enrollment unit that elects automatic enrollment pursuant to § 62:03:07:02.01 becomes an automatic enrollee in the plan.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(2).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:02.01 - Members employed by participating employers other than the state before automatic enrollment established

Current through Register Vol. 51, page 10, July 15, 2024
An automatic enrollment unit other than the state may elect to automatically enroll the unit's permanent employees who are not contributing to the deferred compensation plan The automatic enrollment unit may elect to commence automatic enrollment for these employees on the January or July immediately after the automatic enrollment unit's decision is delivered in writing to the system as long as notice of the decision is received no later than September 15 for a January start or March 15 for a July start.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(2).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:03 - Amount of initial deferral - Election to opt out - Time limit - Refund - Future participation

Current through Register Vol. 51, page 10, July 15, 2024
Upon initially becoming an automatic enrollee, twenty-five dollars per month shall be deferred to the plan from the compensation of an automatic enrollee unless the automatic enrollee elects not to participate in the plan within 90 days after his or her first pay date and gives notice of that election to the system, or unless the automatic enrollee elects to defer an increased amount. The deferred compensation and associated gains or losses of an automatic enrollee who elects not to participate shall be refunded to the automatic enrollee within 30 days of receipt of the final contribution by the plan. An automatic enrollee who elects not to participate, however, is not barred from future voluntary participation in the plan.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(3), (4), (5).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:03.01 - Automatic escalation - No escalation in first year of hire

Current through Register Vol. 51, page 10, July 15, 2024
Beginning in 2016 and each year thereafter, automatic escalation for an automatic enrollee means an additional ten dollars per month shall be deferred to the plan from the compensation of an automatic enrollee of an automatic enrollment unit that elected automatic escalation or became an automatic enrollment unit after June 30, 2015. If the enrollee has one or more investment alternatives or a Roth account, or any combination thereof, the additional dollars shall be prorated in the same manner as the enrollee's deferral before the escalation. However, no automatic escalation may occur for an automatic enrollee unless at least one year has passed from the enrollee's hire date on which the enrollee became an automatic enrollee. In addition, no automatic escalation may occur for an automatic enrollee who opts out of automatic escalation or has lowered his or her deferral to zero.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(10).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:04 - Automatic enrollment deemed contract - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
Automatic enrollment pursuant to §
									62:03:07:02  is deemed a contract to participate and to defer the amount specified in §
									62:03:07:03  or revised by §
									62:03:07:03.01 or the amount specified by the enrollee until the automatic enrollee chooses to withdraw from the plan.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(3), (10).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:05 - Qualified default investment alternative - Secondary alternative - Liability

Current through Register Vol. 51, page 10, July 15, 2024
The deferred compensation of an automatic enrollee shall be deposited in a qualified default investment alternative selected by the state investment officer pursuant to SDCL  3-13-51.1 unless the automatic enrollee affirmatively selects another investment alternative within the plan. The state investment officer shall select a qualified default investment alternative for deferrals from automatic enrollees during the initial 90-day opt-out period and may select an alternative qualified default investment alternative for accumulated deferrals and subsequent deferrals from automatic enrollees who exceed the 90-day opt-out period but do not select another investment alternative. Neither the state investment officer, the system, the third-party administrator, nor the automatic enrollment unit may be held liable for any loss sustained by an automatic enrollee whose deferrals are either voluntarily or involuntarily invested in either qualified default investment alternative.
General Authority:
SDCL  3-13-54.
Law Implemented:
SDCL  3-13-56.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:06 - Notices required for automatic enrollment

Current through Register Vol. 51, page 10, July 15, 2024
Within 15 days of the system's receipt of the automatic enrollee's initial deferral, the system shall provide notice to the automatic enrollee of the enrollee's right not to participate in the plan.
Within one year after an automatic enrollee's first compensation deferral and annually thereafter, the system shall provide notice to the automatic enrollee of the enrollee's right to amend his or her deferral amount and the enrollee's right to amend his or her choice of investment alternatives.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(8).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:06.01 - Notice of automatic escalation required - Election to opt out - Automatic enrollee status

Current through Register Vol. 51, page 10, July 15, 2024
The system shall provide no less than 60 days' notice of each annual automatic escalation pursuant to §
									62:03:07:03.01. An enrollee may elect not to participate in automatic escalation or may elect to defer an additional amount that is less than or greater than ten dollars. The enrollee shall annually provide notice of any such election no later than December 15 for an enrollee of an automatic enrollment unit that elected a January start or June 15 for an enrollee of an automatic enrollment unit that elected a July start. If the enrollee elects not to participate or to defer a lesser amount after the applicable date provided in this section, the system may not refund the automatic escalation amount to the enrollee. If an enrollee elects not to participate in automatic escalation or elects to defer an additional amount that is less than or greater than ten dollars, the status of the automatic enrollee pursuant to §
									62:03:07:02  is not affected.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(10).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:03 - Deferred Compensation Plan › Chapter 62:03:07 - Automatic enrollment › Section 62:03:07:07 - Advance authorization not required - Exception to other laws

Current through Register Vol. 51, page 10, July 15, 2024
Automatic enrollment or automatic escalation pursuant to this chapter does not require advance authorization by the automatic enrollee. This provision is an exception to the provisions of any state law requiring employee authorization for a payroll deduction or any similar ordinance of a local automatic enrollment unit.
General Authority:
SDCL  3-13-54,  3-13-56.
Law Implemented:
SDCL  3-13-56(9).
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:04 - Special pay retirement program › Chapter 62:04:01 - Definitions and general terminology › Section 62:04:01:01 - Definitions in general

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article have the same meaning as they are defined in SDCL  3-12C-101 or in SDCL  3-13A-2, unless otherwise so specified.
General Authority:
SDCL  3-13A-4.
Law Implemented:
SDCL  3-13A-4.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:04 - Special pay retirement program › Chapter 62:04:01 - Definitions and general terminology › Section 62:04:01:02 - Definition of specific terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Direct rollover," a payment by the program to an eligible retirement plan specified by the participant;
(2) "Distributee," a participant or former participant; a participant's or former participant's surviving spouse with regard to the interest of the surviving spouse; or a participant's or former participant's former spouse who is an alternate payee under a qualified domestic relations order, as defined in § 414(p) of the code, with regard to the interest of the former spouse;
(3) "Eligible retirement plan," an individual retirement account described in § 408(a) of the code; an individual retirement annuity described in § 408(b) of the code; a Roth individual retirement plan described in § 408 A of the code; an annuity plan described in § 403(a) of the code; or a qualified plan described in § 401 of the code, any of which accepts a participant's or a participant's surviving spouse's rollover distribution, except that in the case of an eligible rollover distribution to a beneficiary who is not a participant's surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity;
(4) "Eligible rollover distribution," any distribution of all or any portion of the balance to the credit of the participant, except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life or life expectancy of the participant or the joint lives or joint life expectancies of the participant and the participant's designated beneficiary, or for a specified period of ten years or more; any distribution to the extent the distribution is required under § 401(a)(9) of the code; or any other distribution that is reasonably expected to total less than two hundred dollars during a single plan year;
(5) "Plan year," a calendar year ending on December 31.
General Authority:
SDCL  3-13A-4.
Law Implemented:
SDCL  3-13A-4.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:04 - Special pay retirement program › Chapter 62:04:01 - Definitions and general terminology › Section 62:04:01:03 - Qualifications in regard to compensation

Current through Register Vol. 51, page 10, July 15, 2024
A participant's compensation, for purposes of application of the provisions of SDCL  3-13A-5, paid or made available during a plan year shall include any elective deferral, as defined in § 402(g)(3) of the code, and any amount which is contributed or deferred by the participant's employer at the election of the participant and which is not includible in the gross income of the participant by reason of § 125, § 132(f)(4), or § 457(b) of the code.
General Authority:
SDCL  3-13A-4.
Law Implemented:
SDCL  3-13A-5.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:04 - Special pay retirement program › Chapter 62:04:02 - Administration › Section 62:04:02:01 - Month of a member's birth date

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of participation in the program, the first day of the month in which a member's birthday falls shall be considered to be the member's birthday.
General Authority:
SDCL  3-13A-4.
Law Implemented:
SDCL  3-13A-4.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:04 - Special pay retirement program › Chapter 62:04:03 - Distributions › Section 62:04:03:01 - Direct rollovers

Current through Register Vol. 51, page 10, July 15, 2024
Pursuant to SDCL  3-13A-20, a participant or a participant's surviving spouse may elect, at the time and in the manner prescribed by the third-party administrator, to have any portion of an eligible rollover distribution paid in a direct rollover to an eligible retirement plan specified by the participant or the surviving spouse if the plan is an eligible plan under § 401, 403(b), 408, 408 A, or 457 of the code. A participant's beneficiary who is not the participant's surviving spouse may elect, at the time and in the manner prescribed by the third-party administrator, to have any portion of an eligible rollover distribution paid in a direct rollover to a plan specified by the beneficiary if the plan is an eligible plan under § 408 or 408 A of the code.
General Authority:
SDCL  3-13A-4.
Law Implemented:
SDCL  3-13A-20.
South Dakota Administrative Rules › Title 62 - South Dakota Retirement System › Article 62:04 - Special pay retirement program › Chapter 62:04:03 - Distributions › Section 62:04:03:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  3-13A-4.
Law Implemented:
SDCL  3-13A-1,  3-13A-10,  3-13A-22,  3-13A-23.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this title mean:
(1) "Department," the Department of Revenue
  and Regulation;
(2) "Secretary,"
  the secretary of Revenue and Regulation;
(3) "Quarter," a calendar quarter or three
  months, specifically January through March, April through June, July through
  September, and October through December.
(4) "Bimonthly," a calendar period of two
  months, specifically January-February, March-April, May-June, July-August,
  September-October, and November-December;
(5) "Impartial hearing examiner," one who is
  not interested in the outcome of the case;
(6) "ETP," an electronic tax
  payment;
(7) "Fedwire," a transfer
  of funds from an account in one bank to an account in another bank handled
  electronically through the Federal Reserve System.
General Authority:
SDCL
		10-45-47.1,
		10-59-38.
Law Implemented:
SDCL
		10-1-1, 10-1-2,
		10-59-26.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:04 - Public requests for information

Current through Register Vol. 51, page 10, July 15, 2024
All requests for information as well as any application for a rule or
	 other substantive or procedural inquiry must be addressed to the
	 secretary.
General Authority:
SDCL
		10-45-47.1,
		10-59-38.
Law Implemented:
SDCL
		1-26-12.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:05 - Rules of practice and procedure

Current through Register Vol. 51, page 10, July 15, 2024
An individual does not need a license to practice before the agency;
	 however, if a person is representing someone else, the person must be a member
	 of the state bar or associated with a member of that group before appearing
	 before the agency as an attorney or advocate.
General Authority:
SDCL
		10-59-38.
Law Implemented:
SDCL
		1-26-18.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:08 - Procedure to obtain declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
An individual may apply for a declaratory ruling by filing a petition
	 directed to the secretary which states generally the factual situation existing
	 under which the question arises. The petition must be verified by the
	 petitioner, except that matters not within the personal knowledge of the
	 petitioner may be on information or belief. The petition shall identify all
	 persons who have or claim any interest which would be affected by the
	 declaratory ruling. When declaratory relief is sought all persons who have or
	 claim any interest which would be affected by the declaration shall be made
	 parties.
General Authority:
SDCL
		10-59-38.
Law Implemented:
SDCL
		1-26-15.
Declaratory Ruling:
This request for a ruling from the
		Department of Revenue and Regulation regarding its interpretation of SDCL
		35-4-2.10 and SDCL
		35-4-110 to
		35-4-119, inclusive, as applied to
		10 different factual scenarios. Secretary of Revenue and Regulation Declaratory
		Ruling No. 08-01.
Declaratory Ruling:
A contested case hearing is not
		required prior to the revocation and cancellation of a sales tax exemption, but
		an aggrieved party may petition the agency for a declaratory ruling on the
		merits of whether the revocation and cancellation was proper. Secretary of
		Revenue Regulation Declaratory Ruling No.
		08-3.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:09 - Hearings on petition to obtain declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
A hearing on a petition for declaratory ruling may be held upon ten
	 days written notice to all parties. The hearing must be public; testimony must
	 be recorded on magnetic tape or by other equivalent means. At the request of
	 any person, testimony given at such a hearing must be transcribed. The
	 transcription expense must be borne by each person requesting a transcript.
	 Parties may make their own provisions to have court reporters present at the
	 hearing. Briefs may be filed by interested parties as the secretary may
	 direct.
General Authority:
SDCL
		10-59-38.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:10 - Decisions

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may refuse to render or enter a declaratory ruling if
	 such a ruling would not terminate the uncertainty or controversy giving rise to
	 the proceeding. All decisions must be made within 30 days of final submission
	 of the matter to the department.
General Authority:
SDCL
		10-59-38.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:11 - Construction

Current through Register Vol. 51, page 10, July 15, 2024
Sections 64:01:01:05 to 64:01:01:17, inclusive, are remedial; their
	 purpose is to settle and to afford relief from uncertainty and insecurity with
	 respect to rights, status, and other legal relations, and they are to be
	 liberally construed and administered.
General Authority:
SDCL
		10-59-38.
Law Implemented:
SDCL
		10-1-13.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:11.01 - Prehearing conference

Current through Register Vol. 51, page 10, July 15, 2024
The department may require a prehearing conference with all parties
	 involved in a contested case.
General Authority:
SDCL
		10-59-38.
Law Implemented:
SDCL
		1-26-15.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:12 - Conduct of hearings

Current through Register Vol. 51, page 10, July 15, 2024
Hearings held by the department, unless otherwise required by statute,
	 must be conducted in accordance with §§
									64:01:01:13 to
	 64:01:01:16, inclusive, and in
	 accordance with the provisions of SDCL 1-26.
General Authority:
SDCL
		10-59-38.
Law Implemented:
SDCL
		1-26-12.1.
Declaratory Ruling:
A contested case hearing is not
		required prior to the revocation and cancellation of a sales tax exemption, but
		an aggrieved party may petition the agency for a declaratory ruling on the
		merits of whether the revocation and cancellation was proper. Secretary of
		Revenue Declaratory Ruling No.
		80-3.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:13 - Notice of time and place for hearings - Hearing examiners

Current through Register Vol. 51, page 10, July 15, 2024
In all cases to be heard, all parties must be given notice of at least
	 ten days. Hearings shall be held at the time and place directed by the
	 secretary. For the purpose of the hearing, the secretary may designate a
	 hearing examiner.
The secretary or designated hearing examiner may not grant a request
	 for a continuance or postponement of the hearing after notice of the time and
	 place has been served on all parties unless the requesting party demonstrates
	 good cause for the request. If a party fails to appear at the prehearing
	 conference or the hearing, the secretary or the designated hearing examiner
	 shall order that the matter be dismissed with prejudice to the party who fails
	 to appear, unless good cause exists for the failure to appear. For purposes of
	 this rule, good cause means inability to appear at the prehearing conference or
	 hearing by a party or an attorney representing one of the parties. The
	 designated hearing examiner shall submit findings and recommendations to the
	 secretary who shall make the final decision.
General Authority:
SDCL
		10-59-38.
Law Implemented:
SDCL
		1-26-16.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:14 - All parties to be heard

Current through Register Vol. 51, page 10, July 15, 2024
The hearing officer may order proposed findings from any party to the
	 hearing on the officer's own motion or at the request of any
	 party.
General Authority:
SDCL
		10-59-38.
Law Implemented:
SDCL
		1-26-18.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:16 - Evidence receivable

Current through Register Vol. 51, page 10, July 15, 2024
Documentary evidence may be received in the form of copies or excerpts,
	 if the original is not readily available. Upon request, parties must be given
	 an opportunity to compare the copy with the original.
General Authority:
SDCL
		10-59-38.
Law Implemented:
SDCL
		1-26-19.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:19 - Forms

Current through Register Vol. 51, page 10, July 15, 2024
Any person required to file a return with the department must file a
	 return on a form provided by the department. A return not provided by the
	 department may be submitted only if it has received prior approval from the
	 department. A return that is not readable by the department's computer will not
	 be accepted and will be returned to the taxpayer. The taxpayer must refile on a
	 provided or approved form on or before the last day the taxes are
	 due.
General Authority:
SDCL
		10-33A-16(2),
		10-45-47.1(2),
		10-45D-13(2),
		10-46-35.1(2),
		10-46A-19(2),
		10-46B-18(2),
		10-46E-11(2),
		10-52A-7(2).
Law Implemented:
SDCL
		10-33A-10.1,
		10-45-27.3,
		10-45D-10.2,
		10-46-27,
		10-46A-8,
		10-46A-1.8,
		10-46B-1.6,
		10-46E-8,
		10-52A-4.2.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:20 - Reduction or abatement of taxes, interest, or penalties - Requirements for showing widespread misapplication of tax

Current through Register Vol. 51, page 10, July 15, 2024
In order to show a widespread misunderstanding of the application of a
	 tax to a certain transaction, the taxpayer must show documentary proof
	 illustrating this misunderstanding among other taxpayers and written proof that
	 the taxpayer has been in contact with the department in an effort to determine
	 the taxes that are due.
In making a determination, the secretary may consider tax publications
	 distributed by the department issued on the subject or that the argument raised
	 by the taxpayer is not valid on its face or has been found to lack merit in
	 past administrative decisions or litigation.
General Authority:
SDCL
		10-45-47.1,
		10-46-35.1,
		10-46A-19,
		10-46B-18.
Law Implemented:
SDCL
		10-59-31.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:21 - Electronic tax payments (ETP) and electronic tax filings (ETF)

Current through Register Vol. 51, page 10, July 15, 2024
Any taxpayer who elects to file taxes by electronic tax filing (ETF)
	 and remit taxes by electronic tax payments (ETP) must make this election on a
	 form provided by the secretary by the fifteenth day of the month the electronic
	 funds transaction and electronic filing begins and must have the approval of
	 the department.
The taxpayer may elect to terminate the ETF and ETP method of payment
	 by sending written notice to the department. The notice must be received by the
	 department at least 15 days before the ETF and ETP due date. The taxpayer shall
	 specify the effective date of the last ETF and ETP.
General Authority:
SDCL
		10-45-47.1(2),
		10-46-35.1(2),
		10-46A-19(2),
		10-46B-18(2).
Law Implemented:
SDCL
		10-59-32.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:22 - Use of fedwire in emergencies

Current through Register Vol. 51, page 10, July 15, 2024
Taxpayers who remit tax payments by ETP may use the fedwire method of
	 payment in emergencies. Only the following situations constitute an emergency
	 for the purposes of this section:
(1)
  A death in the taxpayer's immediate family;
(2) A death of the taxpayer's key
  personnel;
(3) A natural disaster
  affecting the taxpayer's business;
(4) Failure of the electronic return system
  on the twenty-third day of the month; or
(5) Failure of the computer under the control
  of the Automated Clearing House (ACH) system or the bank participating in ACH
  electronic funds transfer.
The taxpayer must notify the department in writing of the reason for
	 using a fedwire. The notice may take place concurrently with the use of the
	 fedwire. The taxpayer is responsible for the cost of the use of the
	 fedwire.
General Authority:
SDCL
		10-45-47.1(2),
		10-46-35.1(2),
		10-46A-19(2),
		10-46B-18(2).
Law Implemented:
SDCL
		10-59-32.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:23 - Use of check in emergencies

Current through Register Vol. 51, page 10, July 15, 2024
If a power or telecommunication failure makes it impossible for an ETP
	 to occur by the date the payment is due, a taxpayer may pay the taxes due by
	 check sent to the department by a method ensuring that payment will be received
	 on or before the due date.
General Authority:
SDCL
		10-45-47.1(2),
		10-46-35.1(2),
		10-46A-19(2),
		10-46B-18(2).
Law Implemented:
SDCL
		10-59-32.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:25 - Notice of change in bank or account number

Current through Register Vol. 51, page 10, July 15, 2024
The taxpayer remitting tax payments by ETP must notify the department
	 of any change in bank or account number by the twenty-third day of the month in
	 which the next electronic payment is due or on the last workday immediately
	 preceding the twenty-third day if the twenty-third day falls on a Saturday,
	 Sunday, or holiday.
General Authority:
SDCL
		10-45-47.1(2),
		10-46-35.1(2),
		10-46A-19(2),
		10-46B-18(2).
Law Implemented:
SDCL
		10-59-32.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:26 - Dishonored transaction - Fee

Current through Register Vol. 51, page 10, July 15, 2024
The charge is $20 for collecting an ETP payment which was not paid to
	 the department because the transaction was not honored for the reasons set
	 forth in SDCL
	 57A-3-421.
General Authority:
SDCL
		57A-3-421.
Law Implemented:
SDCL
		10-59-32,
		57A-3-421.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:27 - Taxpayer to retain confirmation number from ETF and ETP transactions for three years

Current through Register Vol. 51, page 10, July 15, 2024
The confirmation number received by the taxpayer from the operator or
	 internet filing in an ETF and ETP transaction must be retained by the taxpayer
	 in the taxpayer's records for at least three years.
General Authority:
SDCL
		10-45-47.1(2),
		10-46-35.1(2),
		10-46A-19(2),
		10-46B-18(2).
Law Implemented:
SDCL
		10-45-45,
		10-59-32.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:28 - Audit review

Current through Register Vol. 51, page 10, July 15, 2024
Prior to the issuance of a certificate of assessment, the department
	 shall furnish a taxpayer with a proposed list of taxable items. The taxpayer
	 may review these lists. The department, in its discretion, may hold a closing
	 conference telephonically if a closing conference is requested by the taxpayer.
	 At the closing conference the taxpayer may object to any of the proposed
	 taxable items listed.
General Authority:
SDCL
		10-45-47.1,
		10-46-35.1,
		10-46A-19,
		10-46B-18.
Law Implemented:
SDCL
		10-59-1,
		10-59-4,
		10-59-8.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:29 - New facilities refund or delay in payment - Commencement of project

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of qualifying for a refund or delay in payment of tax
	 under SDCL chapter 10-45, chapter 10-45 B, chapter 10-46 C, or SDCL
	 49-34A-80 to
	 49-34A-92, inclusive, commencement
	 of the project means:
(1) The first
  date earth is excavated for the purposes of constructing a project in the case
  of new construction or the expansion of an existing building or structure;
(2) The beginning of modification
  or preparation of an existing facility for installation of production
  equipment; or
(3) The delivery of
  production equipment to the purchaser if prior preparation is not
  required.
General Authority:
SDCL
		10-45-47.1(3),
		10-45-103, 10-45B-12,
		10-46-35.1(3),
		10-46C-8(3),
		49-34A-92.
Law Implemented:
SDCL
		10-45-103,
		10-45B-6, 10-46C-6,
		49-34A-80,
		49-34A-81,
		49-34A-86.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:30 - New facilities refund - Application for permit

Current through Register Vol. 51, page 10, July 15, 2024
The owner of the project or the owner's authorized representative must
	 sign the application for a permit authorized by SDCL
	 10-45B-6 or
	 49-34A-86. The application shall
	 be accompanied by copies of the cost estimates for the project and the
	 construction contract, purchase orders, or other documents showing the costs or
	 prospective costs of the project.
General Authority:
SDCL
		10-45-47.1(1),
		10-45B-12,
		10-46-35.1(1),
		49-34A-92.
Law Implemented:
SDCL
		10-45B-6,
		49-34A-86.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:31 - New facilities refund - Documentation to support claim

Current through Register Vol. 51, page 10, July 15, 2024
A claim for refund must be accompanied by a list of suppliers or
	 contractors from whom property or services were purchased. The list must
	 include the sales tax license number or contractors' excise tax license number
	 of each payee and the amounts paid to each payee. The claimant must include
	 with the claim copies of the invoices or billings from each payee along with
	 copies of the claimant's cancelled check or other proof of
	 payment.
General Authority:
SDCL
		10-45-47.1(4),
		10-45B-12,
		10-46-35.1(4),
		49-34A-92.
Law Implemented:
SDCL
		10-45B-6, 10-45B-7,
		49-34A-86.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:32 - Electronic or digital signature

Current through Register Vol. 51, page 10, July 15, 2024
A taxpayer's unique password and PIN that are transmitted in
	 conjunction with a return filed through any electronic means constitute a
	 signature.
General Authority:
SDCL
		10-59-38(2).
Law Implemented:
SDCL
		10-59-37.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:33 - Application for direct payment permit

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant for a direct payment permit must apply in writing to the
	 secretary and the application shall be on a form provided by the secretary. The
	 application shall contain the applicant's address, the location of the place or
	 places of business for which the applicant intends to make direct payment of
	 tax, each sales and use tax permit number for which direct payment will be
	 made, and information necessary to determine eligibility pursuant to §
									64:01:01:34.
General Authority:
SDCL
		10-46-67.
Law Implemented:
SDCL
		10-46-67.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:01 - Administration › Chapter 64:01:01 - Administration of department › Section 64:01:01:34 - Qualification process and requirements for direct payment permit holders

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for a direct payment permit shall meet the following
	 minimum requirements:
(1) Demonstrate
  the applicant's ability to comply with the department's sales and use tax laws
  and reporting and payment requirements. The applicant must provide a
  description of the accounting system used by the applicant and demonstrate that
  the accounting system reflects the proper amount of tax due;
(2) Establish a business purpose for seeking
  a direct payment permit and must demonstrate that direct payment benefits tax
  compliance. For example, the utilization of direct payment authority shall
  accomplish one or more of the following:
(a)
  Reduce the administrative work of determining taxability; collecting,
  verifying, calculating, or remitting the tax;
(b) Provide for accurate compliance in
  circumstances where determination of taxability of the item is difficult or
  impractical at the time of purchase;
(c) Provide for more accurate calculation of
  the tax where new or electronic business processes such as electronic data
  interchange, evaluated receipts settlement, or procurement cards are utilized;
  or
(d) Provide for more accurate
  determination and calculation of tax where significant automation or
  centralization of purchasing or accounting processes have occurred and
  applicant must comply with the laws and regulations of multiple state and local
  jurisdictions;