10-13-39.3. Ownership requirements for classifying dwellings as owner-occupied.
For the purposes of §§10-13-39 and 10-13-40, an owner shall be the owner of the owner-occupied dwelling as recorded by the director of equalization in the county where the dwelling is located. A joint tenant, an owner of a life estate, a partner, a person owning an interest in a limited liability company, a person owning an interest in a corporation, a vendee of a contract for deed, or a beneficiary of a trust is considered to be an owner.
An owner may claim a credit only on the single-family dwelling used as a principal residence. An owner may have more than one parcel of land classified as owner-occupied if the additional parcel is contiguous to the parcel containing the owner-occupied house. Each parcel that is contiguous, under the same ownership and used as one property shall be considered as owner-occupied. A property is also considered contiguous if separated by a street or alley from the parcel containing the owner-occupied house.
If the dwelling is occupied by a parent of the owner, the parent is considered the owner and occupant of the single-family dwelling. If the dwelling is occupied by an adult with a disability, and the parent of the adult with a disability is the owner, the adult with a disability is considered the owner and occupant of the single-family dwelling.
The owner or a legal representative of the owner may sign for signature purposes on the certification of an owner-occupied dwelling. For the purposes of this Act, adult with a disability, means any person who receives or is qualified to receive monetary payments, pursuant to Title II, X, XIV, or XVI of the Social Security Act, as amended to January 1, 2008.
Source: SL 2017, ch 64, §1; SL 2021, ch 47, § 1.
Structure South Dakota Codified Laws
Chapter 13 - Property Tax Relief
Section 10-13-20 - Construction of chapter.
Section 10-13-21 - Promulgation of rules.
Section 10-13-35.1 - Exception to limitation on tax levy increase when consolidating services.
Section 10-13-35.3 - Revenue payable from real property taxes may be decreased.
Section 10-13-35.4 - County auditor to calculate maximum revenue amount payable--Factors--Exclusion.
Section 10-13-35.5 - Revenue payable from real property taxes may be increased.
Section 10-13-37 - Median level of assessment to be eighty-five percent of market value.
Section 10-13-37.2 - Appeal of valuation decision.
Section 10-13-37.3 - Application of factor pending appeal.
Section 10-13-37.4 - Circuit court may award costs and attorneys' fees.
Section 10-13-39 - Classification of owner-occupied single-family dwelling.
Section 10-13-39.3 - Ownership requirements for classifying dwellings as owner-occupied.
Section 10-13-40 - Eligibility for owner-occupied classification.
Section 10-13-43 - Information provided by county auditor to Department of Revenue.