10-18A-1. Definition of terms.
Terms as used in this chapter, unless the context otherwise clearly requires, mean:
(1)"Department," the South Dakota Department of Revenue;
(2)"Disabled," persons receiving or having qualified to receive monetary payments, pursuant to Title II, X, XIV, or XVI of the Social Security Act, as amended, and in effect on January 1, 1974, for all or part of the year for which a refund is claimed;
(3)"Head of household," a married person, a single person, a widow or widower or a divorced person;
(4)"Household," the association of persons who live in the same dwelling, sharing its furnishings, facilities, and accommodations, but not including bona fide lessees, tenants, or roomers and boarders on contract;
(5)"Household income" all income received by all persons of a household while members of the household;
(6)"Income," the sum of adjusted gross income as defined in the United States Internal Revenue Code, as defined by §10-1-47, and all nontaxable income, including the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief, not including relief granted under this chapter, the gross amount of any pension or annuity, including Railroad Retirement Act benefits and veterans' disability pensions, all payments received under the federal social security and state reemployment assistance or unemployment insurance laws, nontaxable interest received from the federal government or any of its instrumentalities, workers' compensation, and the gross amount of loss of time insurance, but not including gifts from nongovernmental sources, food stamps, or surplus foods, or other relief in kind provided by a public agency less real estate taxes payable on the applicant's principal residence for the year in which application is made. However, the reduction in the applicant's income for real estate taxes payable may not exceed four hundred dollars;
(7)"Secretary" the secretary of the South Dakota Department of Revenue;
(8)"Single-family dwelling" a house, condominium apartment or manufactured home as defined in §32-3-1 which is assessed and taxed as a separate unit including the platted lot upon which the structure is situated or one acre, whichever is less, and the garage, whether attached or unattached;
(9)"Tax year" or "taxable year" the year in which real property is assessed and the taxes levied thereon.
Source: SL 1976, ch 92, §1; SL 1979, ch 72, §1A; SL 1980, ch 81, §§1, 4; SL 1982, ch 95, §1; SL 1983, ch 69, §2; SL 1983, ch 82, §2; SL 1984, ch 70, §2; SL 1985, ch 83, §2; SL 1986, ch 98, §2; SL 1988, ch 96, §5; SL 1988, ch 103, §2; SL 1989, ch 101, §2; SL 1990, ch 83, §2; SL 1991, ch 98, §2; SL 1992, ch 68, §2; SL 1993, ch 95, §2; SL 1994, ch 92, §2; SL 1995, ch 65, §2; SL 1996, ch 79, §2; SL 1997, ch 65, §2; SL 1998, ch 68, §2; SL 1999, ch 56, §2; SL 2000, ch 59, §2; SL 2001, ch 53, §2; SL 2002, ch 59, §2; SL 2003, ch 60, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2004, ch 90, §2; SL 2005, ch 67, §2; SL 2006, ch 45, §2; SL 2007, ch 54, §2; SL 2009, ch 39, §8; SL 2010, ch 45, §8; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2011, ch 48, §8; SL 2012, ch 59, §8; SL 2013, ch 42, §8; SL 2014, ch 54, §8; SL 2015, ch 62, §8; SL 2016, ch 54, §9; SL 2019, ch 216, §26.
Structure South Dakota Codified Laws
Chapter 18A - Property Tax Refund For Elderly And Disabled Persons
Section 10-18A-1 - Definition of terms.
Section 10-18A-1.1 - Reduction in income allowed for taxes paid--Determination of amount.
Section 10-18A-2 - Refund of taxes paid on single family dwelling--Conditions.
Section 10-18A-3 - Refund denied after refund of sales tax.
Section 10-18A-4 - Right to file lost on death.
Section 10-18A-5 - Single-member household refund schedule.
Section 10-18A-6 - Multiple-member household refund schedule.
Section 10-18A-6.1 - Multiple-member household refund--Eligibility of head of household--Conditions.
Section 10-18A-8 - Amount claimed not required on application--Computation by county auditor.
Section 10-18A-9 - Documentary evidence in application.
Section 10-18A-10 - Signing of refund claim--Delivery to proper officer.
Section 10-18A-12 - Appropriations insufficient for all payments--Proration to timely filed claims.
Section 10-18A-13 - Hearing on denial of claim--Time for demand.
Section 10-18A-14 - Fraudulent refund claims as petty offense.
Section 10-18A-15 - Promulgation of rules.
Section 10-18A-16 - Distribution of unspent sales and property tax refunds.