reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:26 - Banks and financial institutions › Chapter 64:26:02 - Administration of program › Section 64:26:02:12 - Apportionment of bank franchise tax revenues among counties

Current through Register Vol. 51, page 10, July 15, 2024
For any revenue collected for the tax year ending December 31, 1999,
	 and thereafter, the tax remittances for the branches of depository institutions
	 shall be distributed to each county pro rata based on the relationship the
	 deposits at all branches in each county bear to the total deposits of the
	 institution. The deposit information upon which this distribution shall be
	 based is the deposit information filed with the Federal Deposit Insurance
	 Corporation on June 30 of the year in which the tax return establishing the
	 liability of the depository institution is due. The tax remittances from
	 non-depository institutions shall be distributed pro rata based on the
	 relationship net profits at all branches in each county bear to the total net
	 profits of the non-depository institution.
General Authority:
SDCL
		10-43-42.1(1)(2).
Law Implemented:
SDCL
		10-43-76.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:26 - Banks and financial institutions › Chapter 64:26:03 - Income - Interpretive rules › Section 64:26:03:11 - Dividends received from other financial institutions

Current through Register Vol. 51, page 10, July 15, 2024
Dividends received from other financial institutions which are subject
	 to the South Dakota tax on financial institutions shall be subtracted from net
	 income, provided such dividends were not excluded in determining federal
	 taxable income.
General Authority:
SDCL
		10-43-42.1.
Law Implemented:
SDCL
		10-43-10.3.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:26 - Banks and financial institutions › Chapter 64:26:03 - Income - Interpretive rules › Section 64:26:03:12

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		10-43-42.1.
Law Implemented:
SDCL
		10-43-10.1,
		10-43-10.4.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:26 - Banks and financial institutions › Chapter 64:26:03 - Income - Interpretive rules › Section 64:26:03:13 - Filing of separate returns of financial institutions

Current through Register Vol. 51, page 10, July 15, 2024
To determine if financial institutions sharing a common parent, such as
	 a bank holding company, shall be required to file separate returns, the
	 secretary shall consider the following factors:
(1) Whether there is a separate charter for
  each financial institution;
(2) The
  extent of the flow of goods and services between an institution and its
  parent;
(3) Whether management
  oversight by the parent is limited to strategic decisions affecting the
  operation of all subsidiaries generally, not individual institutions;
(4) Whether there would be distortion of
  county income through the use of loss deductions incurred by institutions not
  doing business in the affected county;
(5) The presence or absence of common
  administrative officers or procedures; or
(6) Whether each institution is conducting
  business in a manner consistent with separate entities.
General Authority:
SDCL
		10-43-42.1.
Law Implemented:
SDCL
		10-43-36.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:26 - Banks and financial institutions › Chapter 64:26:04 - Expenses - Interpretive rules › Section 64:26:04:28 - Federal income tax deductible - Other income, privilege, and franchise taxes not deductible

Current through Register Vol. 51, page 10, July 15, 2024
Net federal income taxes are deductible from taxable income in the year
	 in which they are paid when the cash method of accounting is used in
	 determining the net income of the taxpayer. Net federal income taxes are
	 deductible from taxable income in the tax year in which they are incurred when
	 the accrual method of accounting is used in determining the net income of
	 taxpayer. Any other income, franchise, or privilege taxes which were deducted
	 to determine federal taxable income are not deductible.
General Authority:
SDCL
		10-43-42.1.
Law Implemented:
SDCL
		10-43-10.3.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Ultimate sale," an arm's length
  transaction between equal bargaining parties at a price which accurately
  reflects the fair market value of products at the time of the sale.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-42,
		10-39-44.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:01.01 - Gross yields defined

Current through Register Vol. 51, page 10, July 15, 2024
Gross yields are all gains, incomes, receipts, and profits derived from
	 the sale of minerals and mineral products produced in South Dakota. All amounts
	 shall be included in the gross yields of the tax year in which they are
	 received or accrued by the taxpayer. Gross yields shall be determined at the
	 point of ultimate sale of the mineral or mineral product by the producer of
	 that product.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-42,
		10-39-44.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:02 - Method of accounting

Current through Register Vol. 51, page 10, July 15, 2024
The method of accounting shall be that method normally used by the
	 taxpayer in the ordinary course of business if it accurately reflects the
	 taxpayer's income for the taxable year. The taxpayer may not change the method
	 of accounting without the prior consent of the department.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-45.2.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:03 - Verified estimates

Current through Register Vol. 51, page 10, July 15, 2024
An estimate of the tax due in the current taxable year shall be
	 verified by the preparer's sworn statement that the estimate accurately
	 reflects the expected earnings of the taxpayer for the taxable year
	 involved.
The verified estimate shall contain the gross receipts attained, the
	 allowable deductions taken, the resulting net profit, and the tax due on the
	 profit. The verified estimate shall be on the form provided by the department
	 and shall be postmarked no later than the thirtieth day of the month in which
	 the tax is due.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-45.3.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:06 - Extension of time for filing

Current through Register Vol. 51, page 10, July 15, 2024
The secretary, on a showing of good cause, may extend the due date for
	 the filing of a verified estimate or statement by not more than 60 days.
	 Interest shall accrue during the extended period, but the secretary may not
	 attach a lien to the property of the taxpayer until the extended time has
	 ended.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-45.3,
		10-39-45.4,
		10-59-6.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:13 - Travel expenses

Current through Register Vol. 51, page 10, July 15, 2024
Expenses incurred while traveling within this state for general
	 business purposes is deductible as a general administrative expense.
Expenses for travel outside South Dakota but beginning or ending within
	 this state and incurred for general business purposes is deductible as a
	 general administrative expense.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-45.2(12).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:14 - Cost of repair and replacement

Current through Register Vol. 51, page 10, July 15, 2024
The following repair and replacement costs are chargeable costs for
	 deduction purposes:
(1) The cost of
  repairing and maintaining mining machinery;
(2) The cost of timber for the inside of a
  mine;
(3) The cost of assaying and
  the maintenance of the assaying equipment; and
(4) The costs of repair and maintenance of
  general administrative facilities within this state.
The cost of renewal of mining machinery and the cost of its
	 installation and the cost of new equipment, laboratories, and administrative
	 facilities are not chargeable against operating costs for deduction
	 purposes.
Expenditures for equipment and equipment replacements which are
	 necessary to maintain the normal output solely because of the recession of the
	 working faces of the mine and which do not increase the value of the mine, do
	 not decrease the cost of production of mineral units, or do not represent an
	 amount expended in restoring property or in making good the exhaustion thereof
	 for which an allowance is or has been made shall be deducted as ordinary and
	 necessary business expenses and need not be capitalized.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-45.2(5).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:15 - Leasing expenditures deductible

Current through Register Vol. 51, page 10, July 15, 2024
Cost of leasing or renting property for the purpose of extracting
	 minerals or mineral products is deductible as a cost of
	 extraction.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-45.2(1).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:16 - Limitations of deductions

Current through Register Vol. 51, page 10, July 15, 2024
Deductions allowed in SDCL
	 10-39-45.2(6) are
	 limited to expenditures incurred in production activities in this
	 state.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-45.2(6).
Declaratory Ruling:
The formula for determining net
		profit for mineral extraction tax on profit of minerals extracted in-state and
		shipped out-of-state for processing, where N = net profit, G = total gross
		yield, AS = in-state administrative costs and salaries, TS = South Dakota state
		and local taxes, CS = allowable costs incurred in-state, CO = allowable costs
		incurred out-of-state, and GS = gross yield from South Dakota minerals, is as
		follows:
N = GS - (AS + TS + CS) - CO x GS
G
Secretary of Revenue Declaratory Ruling No.
		77-9.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:17 - Special assessments

Current through Register Vol. 51, page 10, July 15, 2024
Special assessments levied by local governments shall be deducted as
	 are all local taxes.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-45.2(11).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:27 - Mineral tax › Chapter 64:27:01 - Mines and mining › Section 64:27:01:18 - Depletion allowance

Current through Register Vol. 51, page 10, July 15, 2024
The depletion of the source of minerals and mineral products is not a
	 deductible expense.
General Authority:
SDCL
		10-39-49.
Law Implemented:
SDCL
		10-39-45.2.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:01 - General provisions › Section 64:28:01:02 - Exemptions to definitions of "trailer" and "semi-trailer."

Current through Register Vol. 51, page 10, July 15, 2024
To clarify the issuance of vehicle titles and registrations for
	 trailers and semi-trailers under SDCL chapters 32-3 and 32-5, the following
	 exemptions from the statutory definitions of "trailer" and "semi-trailer" are
	 established and adopted:
(1)
  "Auxiliary axle," an auxiliary undercarriage assembly with a fifth wheel and
  tow bar used to convert a semi-trailer to a full trailer, commonly referred to
  as converter gears or converter dollies;
(2) "Implement of husbandry," every vehicle
  designed or adapted and used exclusively for agricultural operations and is
  only incidentally moved or operated upon a highway;
(3) "Special mobile equipment," every vehicle
  not designed or used primarily for the transportation of persons or property
  and is only incidentally operated or moved over a highway;
(4) "Car toter or tow dolly," a two-wheeled
  conveyance designed or adapted to be used to support the weight of one axle of
  a motor vehicle while being towed in combination behind another motor vehicle.
Vehicles described in this section are not subject to the vehicle title
	 and registration provisions of SDCL chapters 32-3 and 32-5.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-5-1.3,
		32-5-1.4.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:03 - Application requirements › Section 64:28:03:02 - Signature of owner required

Current through Register Vol. 51, page 10, July 15, 2024
The application shall be signed by the owner of record or by an
	 authorized agent for the owner of record. An attached power of attorney shall
	 verify the appointment of the authorized agent.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-18.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:03 - Application requirements › Section 64:28:03:04 - Damage disclosure statement

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the information required by SDCL 32-3-51.8 and
	 32-3A-38.1, the damage disclosure statement shall require the person completing
	 the form to state if the vehicle or boat had $5,000 or more of unrepaired
	 damage at the time it was acquired and to show the nature and location of the
	 damage. Damage in excess of $5,000 must be reported on each applicable vehicle
	 or boat less than seven years old which is sold in this state.
Damage disclosure statements may be obtained from any county
	 treasurer's office or the Division of Motor Vehicles, 445 E. Capitol, Pierre,
	 South Dakota 57501-3185. The Division of Motor Vehicles shall provide each
	 licensed dealer in South Dakota with the damage disclosure
	 statement.
General Authority:
SDCL
		32-3-57(2)(7).
Law Implemented:
SDCL 32-3-51.7, 32-3-51.8, 32-3-51.9,
		32-3A-38.1,
		32-5-27.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:03 - Application requirements › Section 64:28:03:04.01 - Damage noted on titles prior to July 1, 1992, and prior to July 1, 1999

Current through Register Vol. 51, page 10, July 15, 2024
If a vehicle's certificate of title indicates that the vehicle has
	 sustained $1,000 or more of damage before July 1, 1992, each subsequent title
	 issued in South Dakota for that vehicle shall note $1,000 or more of damage
	 unless a subsequent damage disclosure statement was required to be furnished
	 after June 30, 1992.
If a vehicle's certificate of title indicates that the vehicle has
	 sustained $2,000 or more of damage after June 30, 1992, but before July 1,
	 1999, each subsequent title issued in South Dakota for that vehicle shall note
	 $2,000 or more of damage unless a damage disclosure statement required to be
	 furnished after June 30, 1999, indicates subsequent damage to the vehicle of
	 $3,000 or more. In that event, each subsequent title shall be noted to indicate
	 that the vehicle has sustained damage of $3,000 or more.
If a vehicle's certificate of title indicates that the vehicle has
	 sustained $3,000 or more of damage after June 30, 1999, but before July 1,
	 2003, each subsequent title issued in South Dakota for that vehicle shall note
	 $3,000 or more of damages unless a damage disclosure statement required to be
	 furnished after June 30, 2003, indicates subsequent damage to the vehicle of
	 $5,000 or more. In that event, each subsequent title shall be noted to indicate
	 that the vehicle has sustained damage of $5,000 or more.
General Authority:
SDCL
		32-3-57(2)(7).
Law Implemented:
SDCL 32-3-51.7, 32-3-51.8,
		32-3-51.9.
The amended version of this section by 50 SDR 157, effective 7/1/2024 is not yet available.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:03 - Application requirements › Section 64:28:03:04.03 - Verification of cost of repair of damaged motor vehicle

Current through Register Vol. 51, page 10, July 15, 2024
The department may verify the validity of an insurance adjuster's
	 report or a written estimate with regard to the labor, parts, paint, and
	 framework costs required to return a damaged motor vehicle or boat to its
	 predamaged condition. If the department determines that the cost of repairing
	 the vehicle or boat to its predamaged condition exceeds $5,000, the department
	 shall recall the current vehicle or boat title if it is not in its possession
	 and shall indicate a damage notation on it.
General Authority:
SDCL
		32-3-57(2)(7).
Law Implemented:
SDCL 32-3-51.7, 32-3-51.8, 32-3-51.15,
		32-3A-38.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:03 - Application requirements › Section 64:28:03:04.04 - Design and display of damage disclosure notice

Current through Register Vol. 51, page 10, July 15, 2024
The damage disclosure notice must be printed on white NCR (No Carbon
	 Required) paper, measuring four inches by six inches. The original is to be
	 retained by the dealer and the copy is to be given to the purchaser. The
	 information is to be printed in 12-point (minimum) Universe Bold capital
	 letters.
Starting at the top of the permit, the permit must contain the
	 following wording:
DAMAGE DISCLOSURE NOTICE
SOUTH DAKOTA LAW REQUIRES THE DISCLOSURE OF DAMAGE ON MOTOR
	 VEHICLES THAT HAVE A GROSS VEHICLE WEIGHT RATING OF 16,000 POUNDS OR LESS AND
	 ON BOATS.
ACKNOWLEDGEMENT OF NOTICE UPON SALE OF VEHICLE OR
	 BOAT:
THE DOCUMENTS TO THIS VEHICLE OR BOAT INDICATES A DISCLOSURE OF
	 PRIOR
______ DAMAGE
______ SALVAGE
____________________________________________________
PRINTED NAME OF PURCHASER
____________________________________________________
PURCHASER'S SIGNATURE DATE
The damage disclosure notice must be posted on the inside of a side
	 window, with the front of the form facing the outside, so that the notice is
	 clearly visible at all times on each vehicle or boat that contains a damage
	 disclosure offered for sale to consumers. The dealer is responsible for keeping
	 the notice posted at all times that a vehicle or boat is available for sale to
	 consumers.
At the time of sale of the vehicle or boat, the dealer shall remove the
	 notice and shall have the purchaser sign and date it. The dealer shall retain
	 the signed notice along with copies of the title document for five years from
	 the date of the sale.
General Authority:
SDCL
		32-3-57(7),
		32-3A-38.4.
Law Implemented:
SDCL 32-3-51.8,
		32-3-51.18, 32-3A-38.1,
		32-3A-38.4,
		32-3A-38.6.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:03 - Application requirements › Section 64:28:03:05 - Out-of-state "junking" title

Current through Register Vol. 51, page 10, July 15, 2024
A motor vehicle that has a title indicating "junked," "junking," or
	 other similar language issued by any other state or jurisdiction shall receive
	 a South Dakota junking certificate.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-51.5,
		32-3-51.12.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:03 - Application requirements › Section 64:28:03:08 - Authorization of owner required

Current through Register Vol. 51, page 10, July 15, 2024
The Division of Motor Vehicles requires authorization from the title
	 owner to send the vehicle title to the party holding a superior lien on the
	 titled vehicle. This authorization may be made only by the title owner and must
	 be made at the time of title application.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-20,
		32-3-28,
		32-3-43,
		32-3-44.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:03 - Application requirements › Section 64:28:03:09 - Titling vehicles in both business and personal names of a licensed automobile dealer

Current through Register Vol. 51, page 10, July 15, 2024
An application for a vehicle title submitted in the names of both a
	 vehicle dealership and the dealer is not entitled to any of the exemptions
	 granted to a licensed automobile dealer under SDCL chapter 32-5 B. The dealer
	 must apply for title, pay vehicle excise tax, and license the vehicle to obtain
	 title to it in the dealer's personal name.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-57.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:03 - Application requirements › Section 64:28:03:11 - Odometer notation on certificates of title

Current through Register Vol. 51, page 10, July 15, 2024
Disclosure of odometer information is not required when transferring a
	 title of a motor vehicle which is more than nineteen model years old or weighs
	 more than 16,000 pounds gross vehicle weight. In these situations, if there is
	 an odometer discrepancy or no odometer information is disclosed, the area on
	 the title where the odometer reading appears shall be left
	 blank.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-30.1.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:03 - Application requirements › Section 64:28:03:12 - Determination of body type

Current through Register Vol. 51, page 10, July 15, 2024
The department shall use the body type shown on the manufacturer's
	 statement of origin in assigning the body type of a vehicle when it is titled.
	 The department shall issue a certificate of title indicating the body type as a
	 pickup if the manufacturer's statement of origin indicates the vehicle's body
	 type as a pickup. The department shall issue a certificate of title which
	 indicates the vehicle's body type as a truck if the manufacturer's statement of
	 origin indicates the vehicle's body type as a cab chassis or truck.
If a pickup box on a pickup is removed or altered so that it is no
	 longer a pickup box or replaced with something other than a pickup box and the
	 removal, alteration, or replacement causes the weight of the vehicle, including
	 accessories, to exceed 6,000 pounds, the department shall change the body type
	 of the vehicle from a pickup to a truck. If a certificate of title is submitted
	 for change of the body type to a truck, the department shall issue a new title
	 at no charge and shall assess license fees under the declared gross weight
	 license fee schedule in SDCL
	 32-5-6.3.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-3,
		32-5-2.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:04 - New vehicles, trailers, snowmobiles › Section 64:28:04:01 - Application requirements when vehicle is purchased from an authorized South Dakota licensed dealer

Current through Register Vol. 51, page 10, July 15, 2024
The manufacturer's statement of origin which is issued to or
	 transferred to an authorized licensed selling dealer shall be reassigned to the
	 purchaser by the dealer. The purchaser shall present the application for
	 certificate of title and the manufacturer's statement of origin to the county
	 treasurer in the county where the purchaser lives. The county treasurer shall
	 transmit the application to the department, Division of Motor Vehicles, by
	 means of a daily invoice.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-23,
		32-3-24.
Motor vehicle registration, ch
		64:29:02.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:05 - Vehicles previously registered › Section 64:28:05:02 - Dealer reassignment form used for transfer of ownership

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota licensed dealers may use a dealer reassignment form for
	 transfer of ownership if the foreign certificate of title or ownership
	 certificate does not have a space provided for reassignment.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-24,
		32-3-26,
		32-3-57.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:06 - Duplicate certificates › Section 64:28:06:02 - Application made by owner of record or agent holding power of attorney

Current through Register Vol. 51, page 10, July 15, 2024
Application for duplicate certificate of title may be made by the owner
	 of record or by an authorized agent holding power of attorney. The agent shall
	 sign the application with the name of the owner of record and after the
	 signature insert the words "power of attorney" or another court-appointed
	 title. A copy of the power of attorney document or other documents required by
	 the department shall be attached to the application form.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-29,
		32-3-57.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:06 - Duplicate certificates › Section 64:28:06:03 - Acceptance of application for duplicate certificate of title

Current through Register Vol. 51, page 10, July 15, 2024
The owner may apply for a duplicate certificate of title only if the
	 original document or a previously issued duplicate title has been lost,
	 mutilated, or destroyed. The mutilated certificate of title shall be attached
	 to the application. The county treasurer or the department may not accept an
	 application for a duplicate certificate of title if the original certificate of
	 title is being held by the lien holder. Before acceptance of the application
	 for duplicate title, the county treasurer or the department shall ascertain the
	 whereabouts of the original title to prevent having two documents in
	 circulation on the same vehicle.
General Authority:
SDCL
		32-3-57(2).
Law Implemented:
SDCL
		32-3-29,
		32-3-57(2).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:06 - Duplicate certificates › Section 64:28:06:04 - Lien holder's approval required for issuance of duplicate title

Current through Register Vol. 51, page 10, July 15, 2024
Lien holders shall approve the issuance of a duplicate certificate of
	 title when the department's records indicate that the original title is being
	 held by a lien holder. The approval of the lien holder shall be given on a
	 duplicate title application form provided by the department.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-29,
		32-3-38,
		32-3-57.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:07 - Void and replacement certificates › Section 64:28:07:01 - Corrections and alterations void certificate of title

Current through Register Vol. 51, page 10, July 15, 2024
Alterations and corrections on the certificate of title either on the
	 face or reverse side of the document void the certificate of title. If a title
	 is altered or corrected, the applicant shall submit with the application for
	 title the altered or corrected title and an affidavit explaining the reasons
	 for the alteration or correction. If the title has been altered or corrected
	 during a transfer or sale, both the buyer/transferee and seller/transferor
	 shall submit an affidavit. If the secretary determines that the affidavit sets
	 forth sufficient reasons for the alteration or correction, a certificate of
	 title shall be issued.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-15,
		32-3-24,
		32-3-57.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:07 - Void and replacement certificates › Section 64:28:07:02 - Issuance of duplicate certificate of title voids previous document

Current through Register Vol. 51, page 10, July 15, 2024
Only one certificate of title shall exist on a vehicle. The issuance of
	 a duplicate certificate of title shall automatically void the previously issued
	 document.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-29,
		32-3-57.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:07 - Void and replacement certificates › Section 64:28:07:03 - Disposition of the original title when a duplicate title is issued

Current through Register Vol. 51, page 10, July 15, 2024
When a lost original certificate of title for which a duplicate
	 certificate of title was issued is found, the original title shall be forwarded
	 to the Department of Revenue and Regulation, Division of Motor Vehicles, 445 E.
	 Capitol, Pierre, South Dakota, 57501-3100.
General Authority:
SDCL
		32-3-57(2).
Law Implemented:
SDCL
		32-3-29,
		32-3-57(2).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:09 - Assignment of certificate of title › Section 64:28:09:01 - Assignment of certificate of title made by owner of record or appointed agent

Current through Register Vol. 51, page 10, July 15, 2024
Assignment of a certificate of title may be made by the owner or owners
	 of record or by an appointed agent. When the assignment is made by an appointed
	 agent, the title document shall have attached to it papers showing appointment
	 of the agent.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-30,
		32-3-57.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:09 - Assignment of certificate of title › Section 64:28:09:02 - Transfer of ownership

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in SDCL
	 32-3-6,
	 32-3-24, and
	 32-3-64 and in §§
									64:28:05:02 and
	 64:28:09:03.01, transfer of
	 ownership shall be made by an assignment on the reverse side of the certificate
	 of title. Separate bills of sale may not be accepted in lieu of a South Dakota
	 certificate of title or a required assignment. A South Dakota certificate of
	 title assigned to anyone other than a licensed dealer may not be reassigned.
	 Out-of-state licensed dealers may assign a South Dakota certificate of title.
	 Assignments must be signed by the owner or owners of record. The name of the
	 purchaser, the purchaser's correct residence address, and all lien information
	 must be immediately typewritten or printed on the certificate of title in the
	 applicable space. A certificate of title may not be held or accepted unless an
	 assignment has been completed.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-30,
		32-3-31,
		32-3-32,
		32-3-57.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:09 - Assignment of certificate of title › Section 64:28:09:03.01 - Titling older vehicle when title exists but unavailable

Current through Register Vol. 51, page 10, July 15, 2024
If the seller of a vehicle which is eleven years old or older, for
	 which a record exists, fails to deliver the title to the purchaser within the
	 required 30 days, the purchaser may submit with the request for title a valid
	 bill of sale from the seller and an affidavit of facts. The seller must be the
	 owner of record. If the purchaser is unable to obtain a title or a bill of sale
	 from the owner of record, the purchaser must send a certified letter, return
	 receipt requested, to the owner of record and any lienholder. The letter must
	 identify the vehicle and must state the facts surrounding the purchaser's
	 acquisition of and intention to title the vehicle. The owner of record has 30
	 days in which to contact the department stating the owner of record's interest
	 in the vehicle. The application for title must include an affidavit of facts
	 and a copy of the certified letter with the green return receipt. If the
	 previous owner or a lienholder protests issuance of a title, the department may
	 refuse to issue one.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-64.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:09 - Assignment of certificate of title › Section 64:28:09:04 - Transmittal of certificate of title on which there is an undischarged lien

Current through Register Vol. 51, page 10, July 15, 2024
The county treasurer may accept for transmittal to the department an
	 assigned South Dakota certificate of title on which there is an undischarged
	 lien against the owner of record only under the following circumstances:
(1) A certificate of title is being forwarded
  for the purpose of issuance of a corrected title which shows in the name of the
  owner or owners of record;
(2) A
  certificate of title is being forwarded for the purpose of issuance of a
  transfer of title if the owner of record desires to add the name of another
  owner and the lien still shows on the new title. The lien may be left
  undischarged on the face of the document, but shall also be listed on the
  reverse side of the title on the line provided. Lien holders shall be certain
  that the lien instrument is in order when the ownership is changed to joint
  ownership and are responsible for placing the lien in its space on the
  assignment.
An affidavit from the lien holder or a copy of the security agreement
	 shall accompany the transfer of title indicating the lien holder's approval of
	 the joint ownership transfer.
General Authority:
SDCL
		32-3-57(5).
Law Implemented:
SDCL
		32-3-37,
		32-3-38,
		32-3-47.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:09 - Assignment of certificate of title › Section 64:28:09:06 - Assignment of out-of-state certificates of title and ownership certificates

Current through Register Vol. 51, page 10, July 15, 2024
A person listed as the assignee on an assignment of a foreign
	 certificate of title or ownership certificate may not make a further assignment
	 of ownership until the person applies for and receives a South Dakota
	 certificate of title. This provision does not apply to a vehicle taken in on
	 trade by a licensed South Dakota dealer who is listed as the assignee on a
	 foreign certificate of title or ownership certificate.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-32,
		32-5-27.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:09 - Assignment of certificate of title › Section 64:28:09:06.01 - Licensed dealer to attach proof of assignment on ownership documents of foreign vehicles accepted in trade

Current through Register Vol. 51, page 10, July 15, 2024
Licensed South Dakota dealers shall use a notice of receipt of foreign
	 vehicle title provided by the department when taking out-of-state motor
	 vehicles in on trade for another motor vehicle. This notice shall be attached
	 to and become a part of the out-of-state ownership document. A dealer
	 reassignment form must be attached to the foreign ownership document as
	 evidence of sale to an individual if the foreign ownership document does not
	 provide for a reassignment by a licensed South Dakota dealer.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-32,
		32-5-27.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:09 - Assignment of certificate of title › Section 64:28:09:08 - Application for transfer

Current through Register Vol. 51, page 10, July 15, 2024
To ensure the legal transfer of a vehicle title, no title transfer
	 application may be honored unless the transfer is made by the vehicle's title
	 owner of record or the owner's authorized representative. If the application
	 for transfer is made by an authorized representative, a power of attorney form
	 executed by the owner of record must be attached to the vehicle transfer
	 application.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-5,
		32-3-10,
		32-3-11,
		32-3-13.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:09 - Assignment of certificate of title › Section 64:28:09:09 - Glider kits, trailer kits, and homemade trailers - No penalty

Current through Register Vol. 51, page 10, July 15, 2024
Glider kits, trailer kits, and homemade trailers are not motor vehicles
	 as defined by SDCL
	 32-3-1(11) until
	 they are assembled and capable of being used on the public roads. Their owners
	 are not subject to the 30-day deadline to apply for certificate of title
	 imposed by SDCL
	 32-3-26 and the penalty provisions
	 for failure to do so imposed by SDCL
	 32-3-27.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-1(11),
		32-3-26,
		32-3-27.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:10 - Corrections of titles › Section 64:28:10:01 - Correct application information required - Title fee applies if incorrect title based on original application

Current through Register Vol. 51, page 10, July 15, 2024
A title applicant, before signing and submitting the application for
	 South Dakota certificate of title, shall make certain that all information
	 listed on the application form is correct and that the applicant's name and
	 address are legible. On an assignment of a South Dakota certificate of title,
	 the purchaser shall see that the purchaser's name and address are correctly and
	 legibly entered. A replacement certificate of title issued because of incorrect
	 or illegible information contained on the original application for title is
	 considered a new title and the application fee in SDCL
	 32-3-18 is due.
General Authority:
SDCL
		32-3-57(2).
Law Implemented:
SDCL
		32-3-14,
		32-3-18,
		32-3-57
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:10 - Corrections of titles › Section 64:28:10:02 - No fee charged for correction of department error

Current through Register Vol. 51, page 10, July 15, 2024
A correction is free of charge when the department is responsible for
	 the error.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-18,
		32-3-57.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:10 - Corrections of titles › Section 64:28:10:03 - Disposition of incorrect certificates of title

Current through Register Vol. 51, page 10, July 15, 2024
Either the county treasurer, the dealer, or the owner shall return
	 certificates of title with errors for correction to the department with a
	 statement of facts explaining the reason for the correction. The dealer and
	 owner are responsible for assuring that the issued title contains accurate and
	 correct information.
General Authority:
SDCL
		32-3-57(4).
Law Implemented:
SDCL
		32-3-57(4).
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:11 - Conversion of body type and rebuilt motor vehicles › Section 64:28:11:01 - Requirements for correction of title

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements for correction of title shall be met when a
	 motor vehicle has been converted from one class to another:
(1) The original certificate of title of
  motor vehicle chassis shall be surrendered to the department, Division of Motor
  Vehicles, for correction of classification or body type;
(2) A general affidavit or an affidavit for
  rebuilt motor vehicle setting forth the facts of the conversion or the change
  in body type shall accompany the certificate of title;
(3) A certificate of title covering the body
  being installed may be replaced by a notarized bill of sale from an authorized
  salvage dealer. The bill of sale shall state a complete description of the
  make, body type, and serial number of the body and shall accompany the
  certificate of title covering the motor vehicle chassis and the affidavit for a
  rebuilt motor vehicle.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-53.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:12 - Liens › Section 64:28:12:01 - Notation of liens on applications for South Dakota certificate of title

Current through Register Vol. 51, page 10, July 15, 2024
If an application for an initial certificate of title is made to the
	 county treasurer, the applicant shall list each outstanding lien on the
	 application form in the space provided. The county treasurer shall be certain
	 that the applicant has presented evidence of ownership and that any unsatisfied
	 lien shown on the ownership document is noted on the application for South
	 Dakota certificate of title. If the lien is not listed, the county treasurer
	 shall note the lien on the application form, unless the applicant furnishes
	 proof of payment of the lien. The proof shall be attached to the ownership
	 document and forwarded to the Department of Revenue and Regulation, Division of
	 Motor Vehicles, 445 E. Capitol, Pierre, South Dakota, 57501-3100, with other
	 forms required by the department.
General Authority:
SDCL
		32-3-57(5).
Law Implemented:
SDCL
		32-3-18.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:12 - Liens › Section 64:28:12:03 - Requirements for notation of lien on file

Current through Register Vol. 51, page 10, July 15, 2024
A lien may not be noted on the file or a notation of lien slip
	 completed and forwarded to the department unless the lien is noted on the
	 original certificate of title or on a valid duplicate title.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-38,
		32-3-44.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:12 - Liens › Section 64:28:12:04 - File or record of chattel mortgage

Current through Register Vol. 51, page 10, July 15, 2024
The county treasurer is not required to file or record a chattel
	 mortgage or similar instrument covering a motor vehicle only. The instrument
	 shall be noted on the certificate of title.
General Authority:
SDCL
		32-3-57(5).
Law Implemented:
SDCL
		32-3-38,
		32-3-39.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:12 - Liens › Section 64:28:12:05 - Mixed mortgages

Current through Register Vol. 51, page 10, July 15, 2024
If the security for a mixed mortgage includes a motor vehicle and other
	 chattel property, the county treasurer may not refuse to file or record the
	 mixed mortgage.
General Authority:
SDCL
		32-3-57(5).
Law Implemented:
SDCL
		32-3-38,
		32-3-39.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:12 - Liens › Section 64:28:12:09 - Notation of junior liens on South Dakota certificates of title

Current through Register Vol. 51, page 10, July 15, 2024
The holder of the junior lien instrument shall present the lien
	 instrument together with the valid certificate of title to the county treasurer
	 of the county where the file copy of the certificate of title is filed. When
	 the valid certificate of title is presented, the county treasurer shall note
	 the junior lien on the certificate of title and return the certificate to the
	 first lien holder. The county treasurer shall then enter the lien on the
	 file.
If the certificate of title is not presented with the junior lien
	 instrument, the county treasurer, on the form prescribed, shall notify the
	 first lien holder, retaining a copy of the notice, to surrender the certificate
	 of title within 15 days for the purpose of noting the junior lien. The county
	 treasurer shall then return the certificate of title to the first lien holder
	 and enter the lien.
If the first lien holder does not comply with the request of the county
	 treasurer to surrender the certificate of title within 15 days for notation of
	 the junior lien, the county treasurer shall inform the junior lien holder and
	 return the junior lien instrument to the lien holder.
General Authority:
SDCL
		32-3-57(5).
Law Implemented:
SDCL
		32-3-34,
		32-3-38,
		32-3-43.
Requirements for notation of lien on file, §
											64:28:12:03.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:12 - Liens › Section 64:28:12:10 - Assignment of liens

Current through Register Vol. 51, page 10, July 15, 2024
If a lien to a lien holder is noted on a certificate of title and the
	 lien is then assigned to another lien holder, the county treasurer, upon
	 presentation of an assignment of lien instrument together with the valid
	 certificate of title, shall record the assignment by noting the same lien in
	 the name of the new lien holder.
General Authority:
SDCL
		32-3-57(5).
Law Implemented:
SDCL
		32-3-34,
		32-3-38.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:12 - Liens › Section 64:28:12:11 - Discharge of liens

Current through Register Vol. 51, page 10, July 15, 2024
A lien may be considered discharged of record if the date of
	 cancellation is entered over the signature of the county treasurer or an
	 employee of the county treasurer on the certificate of title.
General Authority:
SDCL
		32-3-57(5).
Law Implemented:
SDCL
		32-3-34,
		32-3-44.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:12 - Liens › Section 64:28:12:12 - Signature of lien holder not due notice of satisfaction of lien

Current through Register Vol. 51, page 10, July 15, 2024
The signature of the lien holder in the space provided on the face of
	 the certificate of title is not due notice of the satisfaction of a lien unless
	 a properly executed release accompanies the title document.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-34,
		32-3-44.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:12 - Liens › Section 64:28:12:18 - Date of notation of liens

Current through Register Vol. 51, page 10, July 15, 2024
On certificates of title issued by the state of South Dakota the date
	 of issuance of the certificate of title shall be the date of notation of any
	 liens shown at time of issue.
On liens noted on certificates of title by the county treasurer, the
	 date the notation is entered by the county treasurer is the date of notation of
	 the lien.
General Authority:
SDCL
		32-3-57(5).
Law Implemented:
SDCL
		32-3-18,
		32-3-34,
		32-3-44.
South Dakota Administrative Rules › Title 64 - REVENUE › Article 64:28 - Vehicle licensing › Chapter 64:28:12 - Liens › Section 64:28:12:19 - Title with open lien

Current through Register Vol. 51, page 10, July 15, 2024
A county treasurer shall accept an application for the transfer of a
	 title with an open lien if the application is accompanied by a completed "Order
	 to Cancel Lien" or "Lienholder's Notice of Filing" form. Upon receipt of the
	 title and other paperwork from the county treasurer, the Division of Motor
	 Vehicles shall cancel the lien on the vehicle computer
	 system.
General Authority:
SDCL
		32-3-57.
Law Implemented:
SDCL
		32-3-44,
		32-3-45,
		32-3-46.