reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:04.02 - Submission of information required - Deadline for submission

Current through Register Vol. 51, page 10, July 15, 2024
On or before March 1 of each year, directors or their deputies shall
	 provide information to the department for each parcel of property pursuant to
	 this section. The information shall be provided as shown on the notice sent to
	 taxpayers pursuant to 64:04:01:04 and must include:
1) the parcel number;
2) the full and true valuation by abstract
  class;
3) any exemption, the type
  of exemption, and amount;
4) any
  discretionary formula valuation;
5)
  the total adjusted assessed valuation; and
6) any other available information or data
  deemed necessary by the department.
General Authority:
SDCL
		10-1-15,
		10-1-16,
		10-1-17,
		10-1-18
Law Implemented:
SDCL
		10-1-17,
		10-1-18
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:06.01 - Certificate of value

Current through Register Vol. 51, page 10, July 15, 2024
The form for the certificate of value required by SDCL
	 7-9-7 and
	 10-13-40 is the PT-56. The form
	 must include the following:
(1) The
  name, current and new mailing addresses, and phone numbers of the buyers and
  sellers;
(2) The legal description
  and, for unplatted properties, the number of acres;
(3) If the property is owner-occupied, and is
  the property occupied by the buyer on a certain date;
(4) If the buyer will have owner-occupied
  status;
(5) If the property was
  offered for sale to the general public, and was the property sold by the owner
  or an agent;
(6) If there existed a
  relationship between the buyer and seller, and the actual consideration
  exchanged;
(7) Any major item of
  personal property and the property's value that was included in the total
  purchase price and the adjusted price paid for the real estate;
(8) The terms of payment, if not paid in full
  at the time of sale; and
(9) The
  signature of one party or agent.
General Authority:
SDCL
		7-9-7.2,
		10-6-33.13(1).
Law Implemented:
SDCL
		7-9-7(4),
		7-9-7.2.
Note:
PT-56 is available in the register of deeds office
		in each county.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:09 - Property cards required - Must show full and true value

Current through Register Vol. 51, page 10, July 15, 2024
A director shall prepare and maintain a property card for each
	 property in the director's jurisdiction. The card shall show the full and true
	 value of the property described. All property within the county must be
	 recorded on the property cards provided by the department. Residential property
	 and mobile home property shall be listed on PT-24, commercial property shall be
	 listed on PT-25, and rural property shall be listed on PT-28. Counties using a
	 computer assisted mass appraisal (CAMA) computer program may print that
	 information and attach it to the corresponding property card. A
	 computer-generated property record which includes the information required on
	 the applicable property card is acceptable in lieu of a property card. Forms
	 PT-24, PT-25, and PT-28 are published in Appendix A at the end of this
	 chapter.
General Authority:
SDCL
		10-6-33.13.
Law Implemented:
SDCL
		10-1-15,
		10-6-33.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:13 - Real estate abstract classes

Current through Register Vol. 51, page 10, July 15, 2024
Records pertaining to a property must contain the abstract class for
	 that type of property. The following are the abstract classes for types of real
	 estate established by the department:
AG-A Land classified as agricultural without corporate limits;
AG-SL Land classified as agricultural without corporate limits being
	 leased from the Commissioner of School and Public Lands;
AG-A1 Improvements and structures on land classified as agricultural
	 without corporate limits, less dwellings and automobile garages;
NA-A1 Dwellings and automobile garages on land classified as
	 agricultural without corporate limits;
NA-AM1 Manufactured home classified as real estate after June 30, 1999,
	 on land classified as agricultural without corporate limits;
AG-AC Land classified as agricultural without corporate limits, under
	 commercial use;
NA-AC2 Improvements and structures on land classified as agricultural
	 without corporate limits, under commercial use;
AG-C Platted lots and acreages without corporate limits classified as
	 agricultural;
AG-C1 Improvements and structures on platted lots and acreages
	 classified as agricultural without corporate limits, less dwellings and
	 automobile garages;
AG-CC Platted lots and acreages classified as agricultural without
	 corporate limits improved or unimproved, under commercial use;
AG-CC2 Improvements and structures on platted lots and acreages
	 classified as agricultural without corporate limits, under commercial
	 use;
NA-C Platted lots and acreages without corporate limits;
NA-C1 Improvements and structures on platted lots and acreages without
	 corporate limits;
NA-CM1 Manufactured home classified as real estate after June 30, 1999,
	 on platted lots and acreages without corporate limits;
NA-CC Platted lots and acreages without corporate limits improved or
	 unimproved, under commercial use;
NA-CC2 Improvements and structures on platted lots and acreages without
	 corporate limits, under commercial use;
AG-D City or town lots and acreages classified as agricultural;
AG-D1 Agricultural improvements and structures less dwellings and
	 automobile garages on city or town lots and acreages classified as
	 agricultural;
AG-DC City and town lots and acreages improved or unimproved classified
	 as agricultural for commercial use;
AG-DC2 Improvements and structures classified as agricultural on city
	 or town lots and acreages, under commercial use;
NA-D Lots and acreages in city or town;
NA-D1 Improvements and structures on city or town lots and
	 acreages;
NA-DM1 Manufactured home classified as real estate after June 30, 1999,
	 on city or town lots and acreages;
NA-DC City or town lots and acreages improved or unimproved, under
	 commercial use;
NA-DC2 Improvements and structures on city or town lots and acreages,
	 under commercial use.
General Authority:
SDCL
		10-10-6.
Law Implemented:
SDCL
		10-1-15,
		10-10-6,
		13-13-73.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:13.01 - Mobile home property abstract type

Current through Register Vol. 51, page 10, July 15, 2024
Records pertaining to registered mobile home property must contain the
	 abstract class for that type of property. The abstract class for mobile home
	 property is NA-M registered mobile homes.
General Authority:
SDCL
		10-10-6.
Law Implemented:
SDCL
		10-1-15,
		10-10-6.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:13.02 - Selection of owner-occupied single-family dwelling

Current through Register Vol. 51, page 10, July 15, 2024
Pursuant to SDCL
	 10-13-39, if an owner has more
	 than one single-family dwelling, the owner may select one dwelling to be
	 designated as owner-occupied.
General Authority:
SDCL
		10-10-6.
Law Implemented:
SDCL
		10-13-39.
Definitions of manufactured home and mobile home, SDCL
		32-3-1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:13.03 - Definition of owner. Repealed.

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		10-10-6.
Law Implemented:
SDCL
		10-13-39.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:13.04 - Classification by equalization director

Current through Register Vol. 51, page 10, July 15, 2024
The director of equalization of the county where the dwelling is
	 located shall determine if a property is to be classified as an owner-occupied
	 single-family dwelling. If the classification is denied, the director of
	 equalization shall notify the applicant no later than April
	 1.
General Authority:
SDCL
		10-10-6,
		10-13-21.
Law Implemented:
SDCL
		10-10-11,
		10-13-39.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:13.05 - Owner-occupied single-family dwelling abstract class

Current through Register Vol. 51, page 10, July 15, 2024
The abstract class, as specified in §
									64:04:01:13, of owner-occupied
	 single-family dwelling property shall be designated with -S.
General Authority:
SDCL
		10-10-6.
Law Implemented:
SDCL
		10-13-39.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:13.06 - Notification of property owner

Current through Register Vol. 51, page 10, July 15, 2024
If the owner-occupied classification is going to be removed from a
	 property, the director of equalization shall notify the property owner. The
	 director of equalization shall notify the property owner by the last Friday in
	 March of each year.
General Authority:
SDCL
		10-10-6.
Law Implemented:
SDCL
		10-1-15,
		10-1-16,
		10-11-23.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:17 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-1-16.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:18 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-1-16.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:20 - South Dakota Real Estate Appraisal Manual

Current through Register Vol. 51, page 10, July 15, 2024
The
South Dakota Real Estate Appraisal Manual
, in its
	 entirety, is the standard real estate appraisal guide for the appraisal of
	 property to determine market value for tax purposes pursuant to SDCL chapter
	 10-6.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-1-16.1.
South Dakota Real Estate Appraisal Manual
, 2015
		edition. Copies are free of charge to persons appraising property for tax
		purposes. Copies are available at the Department of Revenue, 445 East Capitol
		Avenue, Pierre, South Dakota 57501.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:21 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-1-15,
		10-1-16,
		10-6-33.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:26 - Definition of manufactured and mobile home dealer's inventory

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of SDCL
	 10-4-2.4,
	 10-9-2, and
	 10-21-39, a manufactured or mobile
	 home, as defined in SDCL subdivisions 32-3-1(6) and (8), is in a dealer's
	 inventory if the South Dakota title has been reassigned to the dealer and the
	 home is located on the dealer's lot. A dealer's lot means its principal place
	 of business, as defined in SDCL
	 32-7A-2, its auxiliary lot, as
	 defined in SDCL subdivision 32-7A-1(1), its supplemental lot, as defined in
	 SDCL subdivision 32-7A-1(6), or its temporary supplemental lot, as defined in
	 SDCL subdivision 32-7A-1(7). A manufactured or mobile home on consignment to
	 the dealer is not considered to be in the dealer's inventory.
A manufactured or mobile home is not considered to be in the dealer's
	 inventory if the home is being rented, leased, or occupied as a residence,
	 regardless of how it is titled.
General Authority:
SDCL
		10-10-6.
Law Implemented:
SDCL
		10-4-2.4,
		10-9-2,
		10-21-39.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:27

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		10-1-17.
Law Implemented:
SDCL
		32-3-3.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:28 - Form required for opt out resolution

Current through Register Vol. 51, page 10, July 15, 2024
The form for the opt out resolution required by SDCL subdivision
	 10-12-43(4) and
	 SDCL subdivision
	 10-13-36(4) is PT
	 182. The time period specified in the opt out resolution shall commence with
	 the taxes payable in the year following the year the opt out is passed and run
	 for the consecutive years stated in the resolution. The resolution form shall
	 be signed by each member of the governing body voting in favor of the opt out.
	 However, the only name required on the publication notice for the opt out
	 resolution is the finance officer or auditor.
ATTENTION TAXPAYERS:
NOTICE OF
PROPERTY TAX INCREASE
OF $________________
RESOLUTION FOR OPT OUT
THE GOVERNING BOARD OF
__________________________________________________________ does state
	 that the above said board is unable to operate under the tax limitation measure
	 currently in statute. We therefore OPT OUT of such tax limitation in the amount
	 of $ _____________________ starting with calendar year __________ taxes payable
	 in the calendar year __________. This opt out will be for ________ years, which
	 will be thru taxes payable in the calendar year __________. This action has
	 been taken by the board and approved by at least a two-thirds vote of the
	 board.
This decision may be referred to a vote of the people upon a petition
	 signed by at least five percent of the registered voters in the district and
	 filed with the governing body within twenty days of the first publication of
	 this decision.
Unless this action is referred to a vote of the people and reversed by
	 such vote, this resolution authorizes the county auditor to spread an excess
	 levy to raise tax dollars in the above stated amount.
Signed ______________________________________________ Board
	 Chairman
______________________________________________ Board Member
______________________________________________ Board Member
______________________________________________ Board Member
______________________________________________ Board Member
______________________________________________ Board Member
______________________________________________ Board Member
______________________________________________ Board Member
______________________________________________ Board Member
______________________________________________ Board Member
PT 182
General Authority:
SDCL
		10-12-43(4),
		10-13-36(4).
Law Implemented:
SDCL 10-12-43(4),
		10-13-36(4).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:30.01 - Director of equalization permitted to make adjustments to values when using productivity valuation to establish value

Current through Register Vol. 51, page 10, July 15, 2024
The county director of equalization may adjust values when using the
	 productivity valuation method of valuing agricultural land. The adjustments
	 shall be made equitably and uniformly. Any adjustment made shall be based on
	 documented evidence that the adjustment is necessary for equalization of
	 values. When making any adjustment, the director of equalization shall:
(1) Identify the adjustment and give the
  reasoning for making the adjustment;
(2) Identify the amount of the adjustment and
  the methodology used to determine the amount of the adjustment;
(3) Identify the methodology used to apply
  the adjustment to all the properties that received the adjustment;
  and
(4) Provide to the department a
  printout of the land inventory for assessed acres showing soil survey map
  units, capability rating used for each map unit, dollar values, and acres for
  each map unit for the current assessment year. The printout shall show this
  information for each organized township, by township/range for each unorganized
  township in the county, and also contain a county-wide summary of the
  information.
The adjustment, and the documentation supporting the adjustment, shall
	 be reported to the department at the same time information is submitted
	 pursuant to §
										64:04:01:31.
General Authority:
SDCL
		10-1-16.1,
		10-6-33.13(8).
Law Implemented:
SDCL
		10-1-15,
		10-1-16.1,
		10-6-33,
		10-6-33.28,
		10-6-33.31.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:31 - Establishing equalization factor

Current through Register Vol. 51, page 10, July 15, 2024
For the department to accurately establish the equalization factors,
	 each county shall supply the following information no later than January 1 of
	 the year the factor is to be established:
(1) Summary of changes made to assessments
  for the current assessment year;
(2) Printout of county-wide abstract
  reflecting changes made for the current assessment year;
(3) Printout or electronic file of sales for
  the last assessment year showing current year assessment. If there are less
  than fifteen sales of nonagricultural property, the county shall supply this
  same information, for the number of years necessary to obtain the fifteen
  sales; and
(4) A county-wide
  printout of the land inventory for assessed acres showing soil survey map
  units, capability rating used for each map unit, dollar values and acres for
  each map unit for the current assessment year.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-1-15,
		10-1-16,
		10-3-41,
		10-12-44,
		10-13-37.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Section 64:04:01:31.01 - Department to review adjustments for consideration in determining equalization factor

Current through Register Vol. 51, page 10, July 15, 2024
To determine the agricultural equalization factor for a county, the
	 department shall consider information submitted pursuant to §
									64:04:01:31 The department shall
	 also consider any evidence submitted for value adjustments made when using the
	 productivity valuation method of valuing agricultural land. The department
	 shall review these adjustments to determine if such adjustments were necessary,
	 based on the supported documentation, and made uniformly and
	 equitably.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-1-15,
		10-1-16.1,
		10-6-33,
		10-6-33.28,
		10-3-41,
		10-12-44,
		10-13-37.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:01 - General provisions › Appendix A - Property Registration Forms

Current through Register Vol. 51, page 10, July 15, 2024
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South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:04 - Appraisal of Buildings › Section 64:04:04:01 - Cost approach to valuation of property

Current through Register Vol. 51, page 10, July 15, 2024
The standard appraisal guides for use by all directors of equalization
	 in the state for cost approach calculations for valuation of residential and
	 non-residential property are:
(1) the
  Marshall and Swift Residential Cost Handbook and the Marshall Valuation
  Service; and
(2) the Vanguard Real
  Property Appraisal Manual.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-1-16.1.
The Marshall and Swift Residential Cost Handbook and the Marshall
		Valuation Service may be obtained from Core Logic, 40 Pacifica, Irvine
		California 92618. The price of the Marshall and Swift Residential Cost Handbook
		is $329.95. The price of the Marshall Valuation Service is $641.95.
The Vanguard Real Property Appraisal Manual may be obtained from
		Vanguard Appraisals, Inc., 1605 Sierra Court NE, Suite D, Cedar Rapids Iowa
		52402. The price of the Vanguard Real Property Appraisal Manual is
		$50.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:04 - Appraisal of Buildings › Section 64:04:04:02 - Residential real estate appraisal guide

Current through Register Vol. 51, page 10, July 15, 2024
As incorporated in §
									64:04:04:01, the standard real
	 estate appraisal guides for use by all directors of equalization in the state
	 for appraisal of residential structures and mobile home property by the
	 replacement cost method to determine full and true value for tax purposes
	 pursuant to chapter 10-6 and 10-9 are:
(1) the Marshall and Swift Residential Cost
  Handbook and the Marshall Valuation Service; and
(2) the Vanguard Real Property Appraisal
  Manual.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-1-16.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:04 - Appraisal of Buildings › Section 64:04:04:03 - Commercial real estate appraisal guide

Current through Register Vol. 51, page 10, July 15, 2024
As incorporated in §
									64:04:04:01, the standard real
	 estate appraisal guides for use by all directors of equalization in the state
	 for the appraisal of buildings and improvements other than noncommercial
	 residential structures by the replacement cost method to determine full and
	 true value for tax purposes pursuant to SDCL 10-6 are:
(1) the Marshall and Swift Residential Cost
  Handbook and the Marshall Valuation Service; and
(2) the Vanguard Real Property Appraisal
  Manual.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-1-16.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:04 - Appraisal of Buildings › Section 64:04:04:04 - Depreciation tables may be used

Current through Register Vol. 51, page 10, July 15, 2024
Existing depreciation tables may be used to estimate physical loss in
	 value providing such tables have been adjusted to fit the local market by a
	 comparison of sales and appraisal of comparable properties.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-6-33.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:04 - Appraisal of Buildings › Section 64:04:04:05 - Functional and external obsolescence allowances

Current through Register Vol. 51, page 10, July 15, 2024
Functional and external obsolescence allowances shall be estimated by
	 analyzing the market value using the income or sales comparison approaches. The
	 estimate of value obtained by these two approaches, when compared to the value
	 obtained by the cost approach, indicate the degree of obsolescence present.
	 Since the replacement cost approach generally produces the upper limit of
	 value, evidence of obsolescence is revealed when the income or market value
	 estimates are less than the value obtained by the depreciated replacement cost
	 method.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-6-33.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:04 - Appraisal of Buildings › Section 64:04:04:06 - Replacement cost data - Obsolescence

Current through Register Vol. 51, page 10, July 15, 2024
The replacement cost shall be estimated by using cost of local
	 materials and labor and other construction items. From this cost must be
	 deducted an estimated amount for loss in value due to wear and tear from use
	 and the elements and any obsolescence that may occur due to changes in use, age
	 and any other factor that may be present in the structure. For special
	 conditions, additions and deductions shall be made to estimate a fair building
	 value.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-6-33.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:04 - Appraisal of Buildings › Section 64:04:04:07 - Replacement costs - Adds and deducts

Current through Register Vol. 51, page 10, July 15, 2024
Replacement costs for a residential building shall be expressed as so
	 many dollars per square foot of area of building. Important variations in base
	 specifications of an individual building shall be accounted for by additions to
	 or deductions from the base replacement cost.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-6-33.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:04 - Appraisal of Buildings › Section 64:04:04:08 - Base replacement cost

Current through Register Vol. 51, page 10, July 15, 2024
Base unit cost figures used in arriving at full and true values for
	 commercial and industrial properties shall be taken from the most recent base
	 cost information.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-6-33.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:04 - Appraisal of Buildings › Section 64:04:04:09 - Variations in base costs

Current through Register Vol. 51, page 10, July 15, 2024
Additions to or deductions from the base replacement costs shall be
	 made when there are variations in the building under appraisal from the base
	 specifications to the applicable building quality.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-6-33.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:04 - Assessor's handbook › Chapter 64:04:04 - Appraisal of Buildings › Section 64:04:04:10 - Current cost and local multipliers

Current through Register Vol. 51, page 10, July 15, 2024
Current cost and local multipliers must be applied to the base cost
	 figures to adjust local costs to reflect recent increases or decreases in labor
	 and materials for that area or any other given area.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-6-33.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:05 - Sales ratio › Chapter 64:05:01 - General provisions › Section 64:05:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Appraisal-assessment ratio," the ratio
  between an appraisal done by department personnel and the assessment on a
  particular piece of property;
(2)
  "Assessed value," the market value;
(3) "Assessment year" and "ratio year," the
  period beginning November 1 and ending October 31 of the following
  year;
(4) "Full and true value,"
  the market value;
(5) "Market
  price," the price paid for a property regardless of pressure, motive, or
  intelligence;
(6) "Market value,"
  the most probable sale price of a property, in terms of money, which a property
  will bring if exposed for sale in the open market, allowing a reasonable time
  to find a purchaser who buys with full knowledge of all the uses to which it is
  adapted and for which it is capable of being used;
(7) "Principle of substitution," the rule by
  which the value of a replaceable property tends to be set at the cost of
  acquisition of an equally desirable and valuable substitute property, assuming
  no costly delay is encountered in making the substitution;
(8) "Sales ratio," an analysis showing the
  relationship of the full and true value to the selling price of real estate and
  real estate investments or the full and true value to the selling price of
  mobile homes;
(9) "Significant
  changes in market conditions," those changes that were unforeseen at the time
  of the appraisal that had a negative or positive effect on the value of
  property on a county-wide basis;
(10) "Typical," that which occurs most
  often.
General Authority:
SDCL
		10-1-17,
		10-6-33.13.
Law Implemented:
SDCL
		10-6-2,
		10-6-50,
		10-11-54,
		10-11-55.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:05 - Sales ratio › Chapter 64:05:01 - General provisions › Section 64:05:01:02 - Directors to record sales information

Current through Register Vol. 51, page 10, July 15, 2024
County directors shall record sales information on real estate sales
	 cards for each real estate sale and on mobile home sales cards for each mobile
	 home sale. Such information shall be taken from real estate transfer forms
	 furnished monthly by the county register of deeds and the mobile home sales
	 cards furnished by the department.
General Authority:
SDCL
		10-1-17.
Law Implemented:
SDCL
		10-11-55.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:05 - Sales ratio › Chapter 64:05:01 - General provisions › Section 64:05:01:02.01 - Annual sales ratio audit

Current through Register Vol. 51, page 10, July 15, 2024
The director of equalization may adjust the selling price of a property
	 for the annual sales ratio audit if the real estate sale or transfer form or
	 the mobile home sale or transfer form is accompanied by documentation showing
	 special and unique financing or that personal property was included in the
	 sale.
General Authority:
SDCL
		10-6-33.13.
Law Implemented:
SDCL
		10-11-54.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:05 - Sales ratio › Chapter 64:05:01 - General provisions › Section 64:05:01:03 - Sales proven unusable to be mailed to department

Current through Register Vol. 51, page 10, July 15, 2024
Any abstracted sale proven to be unusable in the sales ratio study
	 through the verification process for the reasons listed in SDCL
	 10-11-56 shall be mailed to the
	 department, marked as a reject. Documentation of a rejected sale must be on
	 file in the office of the director of equalization.
General Authority:
SDCL
		10-1-17,
		10-11-54.
Law Implemented:
SDCL
		10-11-55,
		10-11-56.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:05 - Sales ratio › Chapter 64:05:01 - General provisions › Section 64:05:01:03.01 - Exclusion from sales ratio study - Change in use

Current through Register Vol. 51, page 10, July 15, 2024
To exclude a sale from the sales ratio study because of a change in the
	 use of the property between the legal assessment date and the date of the sale,
	 the change must increase or decrease the assessed value of the property by at
	 least ten percent.
General Authority:
SDCL
		10-11-54.
Law Implemented:
SDCL
		10-11-55,
		10-11-56.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:05 - Sales ratio › Chapter 64:05:01 - General provisions › Section 64:05:01:03.02 - Exclusion from sales ratio study - Major physical change

Current through Register Vol. 51, page 10, July 15, 2024
To exclude a sale from the sales ratio study because of a major
	 physical change in the property between the legal assessment date and the date
	 of the sale, the change must increase or decrease the assessed value of the
	 property by at least ten percent.
General Authority:
SDCL
		10-11-54.
Law Implemented:
SDCL
		10-11-55,
		10-11-56.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:05 - Sales ratio › Chapter 64:05:01 - General provisions › Section 64:05:01:05 - Real estate sales cards and mobile home sales cards to show assessed value

Current through Register Vol. 51, page 10, July 15, 2024
Real estate sales cards must show the assessed value of that property
	 based on the assessment of the property for the assessment year in which the
	 sale took place. Mobile home sales cards must show the assessed value of the
	 mobile home based on the current year assessment prior to adjustments for late
	 listing penalties or proration.
For sales with instrument date of more than five years, and with
	 verified selling price of more than one dollar and stated consideration of more
	 than one dollar, the current year assessed value may be used, with the one
	 dollar sale or current assessed value noted on the sales card
	 information.
General Authority:
SDCL
		10-1-17.
Law Implemented:
SDCL
		10-11-55.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:05 - Sales ratio › Chapter 64:05:01 - General provisions › Section 64:05:01:06 - Time for filing

Current through Register Vol. 51, page 10, July 15, 2024
The director of equalization of each county shall verify real estate
	 transfers and transmit the data to the department as follows:
Transfers Filed in Register of Deeds During Month
				  of
Submit to Department of Revenue on or
				  before
November, December, January, February, March, April
June 1
May, June
August 1
July, August
October 1
September, October
December 1
The director of equalization shall verify each transfer of any
	 manufactured home and transmit the data to the department within 30 days after
	 receipts of the transfer information.
General Authority:
SDCL
		10-6-33.13(1).
Law Implemented:
SDCL
		10-1-17,
		10-11-54,
		10-11-55.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:05 - Sales ratio › Chapter 64:05:01 - General provisions › Section 64:05:01:08 - Sales included in analysis

Current through Register Vol. 51, page 10, July 15, 2024
A director of equalization and the Department of Revenue may only
	 consider sales transactions which have been filed with the register of deeds
	 prior to the legal assessment date for the assessment year in
	 issue.
General Authority:
SDCL
		10-1-16.1.
Law Implemented:
SDCL
		10-1-15,
		10-1-16,
		10-6-2.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:06 - Sales tax › Chapter 64:06:01 - Administration of program › Section 64:06:01:00 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The terms used in this chapter mean:
(1) "Transitory business," a business which
  engages in the vending, distribution, or sale of tangible personal property or
  products transferred electronically, or renders services at any place in the
  state for less than 45 days and does not become a permanent and continuous
  business in this state;
(2)
  "Seasonal business," a business which is carried on only during certain seasons
  or during definite segments of the year, not throughout an entire
  year;
(3) "Transient solicitor," a
  person who engages in the vending, distribution, or sale of tangible personal
  property or products transferred electronically, or renders services at any
  place in the state temporarily and is not a resident of this state.
General Authority:
SDCL
		10-45-47.1(3),
		10-46-35.1(3),
		10-46A-19(3),
		10-46B-18(3).
Law Implemented:
SDCL
		10-1-13.
Declaratory Rulings:
Receipts from the sale of
		membership cards, which are required before individuals may shop for groceries
		in warehouse stores and which may be exchanged for merchandise worth
		approximately one-half of the value of the card, are not exempt from the sales
		tax which must be paid on the full cost of the membership cards. Secretary of
		Revenue Declaratory Ruling No. 80-8.
Production of bedding and ornamental plants in a greenhouse is not an
		"agricultural purpose," as defined in SDCL
		10-45-1(8), and
		fuel used to heat the greenhouse is subject to the sales tax. Secretary of
		Revenue Declaratory Ruling 81-7.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:06 - Sales tax › Chapter 64:06:01 - Administration of program › Section 64:06:01:01 - Armed services personnel and veterans

Current through Register Vol. 51, page 10, July 15, 2024
Gross receipts from retail sales to persons in the armed services of
	 the United States are subject to sales tax regardless where the merchandise is
	 received. The fact that receipt is within a military reservation does not
	 affect taxability of gross receipts derived from the transaction. Gross
	 receipts from retail sales to all veterans are subject to sales
	 tax.
General Authority:
SDCL
		10-45-47.1(3).
Law Implemented:
SDCL
		10-45-2.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:06 - Sales tax › Chapter 64:06:01 - Administration of program › Section 64:06:01:01.01 - Sales to or by the United States army and its instrumentalities upon military reservations

Current through Register Vol. 51, page 10, July 15, 2024
Sales tax does not apply to service organizations operating exclusively
	 within a federal area over which the state of South Dakota has conceded all
	 jurisdiction to the United States government. Sales to or by post exchanges,
	 officers' clubs, mess, and noncommissioned officers' clubs and all other
	 voluntary unincorporated organizations of army personnel authorized by the
	 secretary of defense, or sales made by such organizations to any authorized
	 purchaser, are also exempt. The term "authorized purchaser" includes those
	 persons who are permitted to purchase from such organizations under regulations
	 issued by the secretary of defense.
Sales to persons in the armed forces of the United States, including
	 civilian employees in such service, are not exempt from sales tax, unless such
	 sales are made to them as an authorized purchaser by a service organization
	 exclusively within a United States military reservation and authorized by the
	 secretary of defense.
General Authority:
SDCL
		10-45-47.1.
Law Implemented:
SDCL
		10-45-10.
Declaratory Ruling:
The sales tax exemption from
		receipts of sales of tangible personal property to governmental agencies also
		applies to the gross receipts from sales of services to governmental entities.
		Secretary of Revenue Declaratory Ruling No.
		79-3.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:06 - Sales tax › Chapter 64:06:01 - Administration of program › Section 64:06:01:01.02 - Sales to governmental agencies

Current through Register Vol. 51, page 10, July 15, 2024
Before purchases by a government or its subdivisions are exempted by
	 the department, proof is required from the retailer that such sales were
	 actually paid out of government funds or that the governmental agency provided
	 an exemption certificate to the retailer.
No special exemption certificate is necessary when making sales to the
	 United States, tribal governments, the District of Columbia, the State of South
	 Dakota, other states, and their subdivisions if the billing or invoices
	 indicate such sales and the records show that payment was received from the
	 exempt governmental entity or that the purchases were made by a credit card
	 issued to and in the name of the exempt governmental entity.
State boards and commissions created by law are exempt from sales or
	 use tax. Boards and commissions created by legislative act are part of state
	 government and sales to any board or commission are sales to the state.
This exemption does not extend to sales to or purchases of tangible
	 personal property or any product transferred electronically for the personal
	 use of officials, members, or employees of such institutions.
General Authority:
SDCL
		10-45-47.1(3).
Law Implemented:
SDCL
		10-45-10.
Declaratory Ruling:
The sales tax exemption from
		receipts of sales of tangible personal property to governmental agencies also
		applies to the gross receipts from sales of services to governmental entities.
		Secretary of Revenue Declaratory Ruling No. 79-3.
Court Decisions: A nonprofit corporation exempt from federal income
		tax, which provides free legal service to persons of low income and is funded
		by the federal government, qualifies as a relief agency under SDCL
		10-45-10 and does not have to meet
		each factor enumerated in §
											64:06:01:38. East River Legal
		Services vs State, Department of Revenue, 303 N.W. 2d 379 (March 18,
		1981).
A nonprofit corporation exempt from federal income taxes, which
		provides health and nutrition services for the elderly; education and
		development services for "headstart" and day care for children; weatherization,
		self-help gardens, and fuel assistance services for low income and elderly
		families; employment services for low income persons; and assistance and
		guidance to low income persons for community development, all without cost to
		recipients except for certain day care services, the activities of which are
		financed by the federal government, qualifies as a relief agency and is exempt
		from having to pay sales tax. Western South Dakota Community Action Program,
		Inc. vs State, Department of Revenue, 303 N.W. 2d 379 (March 18,
		1981).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:06 - Sales tax › Chapter 64:06:01 - Administration of program › Section 64:06:01:01.03 - Sales by United States government

Current through Register Vol. 51, page 10, July 15, 2024
The United States government is not required to collect tax from the
	 purchaser when making sales otherwise subject to sales tax unless the United
	 States Congress has provided otherwise. Persons making purchases from the
	 government of the United States or from any of the exempt agencies of tangible
	 personal property, any product transferred electronically, and services that
	 are subject to sales or use tax must report and pay sales or use tax measured
	 by the purchase price unless the purchases are otherwise
	 exempt.
General Authority:
SDCL
		10-45-47.1(3),
		10-46-35.1(3).
Law Implemented:
SDCL
		10-45-10,
		10-46-4.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:06 - Sales tax › Chapter 64:06:01 - Administration of program › Section 64:06:01:01.04 - Public and municipal corporations

Current through Register Vol. 51, page 10, July 15, 2024
Gross receipts from sales to public or municipal corporations are
	 exempt from sales tax. A public corporation or municipal corporation is one
	 created by the state or a municipality, pursuant to authority granted by South
	 Dakota law, for political purposes to act as an agency in the administration of
	 civil government. The following are indicia of a public corporation or of a
	 municipal corporation:
(1) It performs
  a governmental function;
(2) It is
  a nonprofit organization exempt from federal income tax;
(3) It is licensed or chartered by a division
  of state or local government;
(4)
  It is subject to inspection and audit accomplished or reviewed by a division of
  state or local government; and
(5)
  Some statutory provision is made for the levy of state or local taxes for
  funding of some activity of the organization or for authority to spend funds
  raised by taxation.
General Authority:
SDCL
		10-45-47.1(3).
Law Implemented:
SDCL
		10-45-10.
Declaratory Rulings:
The sales tax exemption from
		receipts of sales of tangible personal property to governmental agencies also
		applies to the gross receipts from sales of services to governmental entities.
		Secretary of Revenue Declaratory Ruling No. 79-3.
Public alcohol treatment facilities approved and funded by the state
		division of alcoholism are not political subdivisions of the state and are not
		exempt from sales tax. Secretary of Revenue Declaratory Ruling No.
		80-4.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:06 - Sales tax › Chapter 64:06:01 - Administration of program › Section 64:06:01:02 - Bond

Current through Register Vol. 51, page 10, July 15, 2024
A cash bond endorsed in the name of the department or a bond issued by
	 a corporate surety company authorized to do business in South Dakota in an
	 amount sufficient to guarantee payment of tax for a six-month period is
	 required from retailers engaged in business within the state of South Dakota in
	 the following circumstances:
(1) A
  taxpayer is delinquent in either reporting or paying tax for two reporting
  periods in any twelve-month period;
(2) A taxpayer is engaged in a type of
  business which, in the experience of the department, has had problems with tax
  delinquency; or
(3) A taxpayer does
  not have sufficient unencumbered assets in this state to ensure that a possible
  future delinquent tax liability is collected.
If a taxpayer has no prior history of tax payment, the amount of the
	 bond is based upon the taxpayer's estimate of gross receipts in a six-month
	 period, provided that the taxpayer's estimate is determined by the department
	 to approximate known receipts of similar businesses.
General Authority:
SDCL
		10-45-47.1(1),
		10-45D-13(1),
		10-46E-11(1),
		10-52A-7(1).
Law Implemented:
SDCL
		10-45-24,
		10-45-26,
		10-45D-12,
		10-46E-8,
		10-52A-6.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:06 - Sales tax › Chapter 64:06:01 - Administration of program › Section 64:06:01:03.01 - Bad checks

Current through Register Vol. 51, page 10, July 15, 2024
A check which is returned unpaid because of nonsufficient funds (NSF)
	 or no account and which is not collected by the retailer may be taken as a bad
	 debt deduction, or may be considered a reduction in gross
	 receipts.
General Authority:
SDCL
		10-45-47.1(3),
		10-45D-13(3),
		10-46E-11(2),
		10-52A-7(3).
Law Implemented:
SDCL
		10-45-1.14,
		10-45-30,
		10-45D-2,
		10-46E-8,
		10-52A-1.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:06 - Sales tax › Chapter 64:06:01 - Administration of program › Section 64:06:01:03.02 - Collection of a previously deducted bad debt or bad check

Current through Register Vol. 51, page 10, July 15, 2024
If a previously deducted bad debt is collected or a check that was
	 returned because of nonsufficient funds (NSF) or no account and not included as
	 part of gross receipts is collected, the tax on the amount collected must be
	 paid and reported on the return filed for the period in which the collection is
	 made. For the purposes of reporting a payment received on a previously claimed
	 bad debt, any payments made on such debt or account are applied first
	 proportionally to the taxable price of the property or service and the sales
	 tax thereon, and secondly to interest, service charges, and any other charges.
	 No deductions for collection expenses are permitted. If a bad debt is sold to a
	 collection agency, only the amount received may be included on the next sales
	 tax return.
General Authority:
SDCL
		10-45-47.1(2).
Law Implemented:
SDCL
		10-45-30.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:06 - Sales tax › Chapter 64:06:01 - Administration of program › Section 64:06:01:05 - Change in ownership

Current through Register Vol. 51, page 10, July 15, 2024
If the ownership status of a business which holds a tax permit changes
	 from one type of business ownership such as sole proprietor, partnership, or
	 corporation to another type of business ownership, a new tax permit is
	 required. The new owner must apply for the new permit.
A new tax permit is required for corporations which are sold or
	 transferred only if ownership of the business is transferred to a different
	 corporation or other owner.
A new permit is not required for partnerships if one or more partners
	 listed on the permit enters or leaves the partnership and the business
	 continues to be operated under the partnership form. Those partners listed on
	 the permit remain liable until the department is notified, in writing, of a
	 change in the status of any partner. A new partner is automatically held liable
	 for any partnership tax obligations to the state.
General Authority:
SDCL
		10-45-47.1(1),
		10-45D-13(1),
		10-46E-11(1),
		10-52A-7(1).
Law Implemented:
SDCL
		10-45-24,
		10-45D-12,
		10-46E-8,
		10-52A-6.