South Dakota Codified Laws
Chapter 35 - Taxation Of Electric, Heating, Water And Gas Companies
Section 10-35-1.6 - Amount of tax exemption during construction of qualifying power generation facility.

10-35-1.6. Amount of tax exemption during construction of qualifying power generation facility.
During the construction period of a qualifying power generation facility, the exemption provided in §10-35-1.5 shall be as follows:
(1)For the first legal assessment date after the construction date of the power generation facility, as provided in §10-35-9, upon all value in excess of ten percent of the amount provided in §10-35-1.5;
(2)For the second legal assessment date after the construction date of the power generation facility, as provided in §10-35-9, upon all value in excess of twenty percent of the amount provided in §10-35-1.5; and
(3)For the third and subsequent legal assessment dates after the construction date of the power generation facility, as provided in §10-35-9, upon all value in excess of thirty percent of the amount provided in §10-35-1.5.

Source: SL 2005, ch 66, §4.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 10 - Taxation

Chapter 35 - Taxation Of Electric, Heating, Water And Gas Companies

Section 10-35-1 - Companies subject to tax.

Section 10-35-1.1 - Tax on electric generation and transmission facilities used for out-of-state consumers.

Section 10-35-1.2 - Generating property of rural electric companies subject to tax.

Section 10-35-1.3 - Definitions.

Section 10-35-1.4 - Application for partial tax exemption for power generation facility prior to construction.

Section 10-35-1.5 - Partial exemption for power generation facility--Allocation of exemption.

Section 10-35-1.6 - Amount of tax exemption during construction of qualifying power generation facility.

Section 10-35-1.7 - Definitions.

Section 10-35-1.8 - Application for exemption for coal-fired power plant performing environmental upgrade.

Section 10-35-1.9 - Exemption for coal-fired power plant performing environmental upgrade--Allocation of exemption.

Section 10-35-1.10 - Promulgation of rules on environmental upgrade exemption.

Section 10-35-2 - Operating property assessed by department.

Section 10-35-3 - Annual report required of companies--Date of filing.

Section 10-35-4 - Information given in annual report on property within municipalities.

Section 10-35-5 - Information given in annual report on property outside municipalities.

Section 10-35-6 - Capitalization and financial data given in annual report.

Section 10-35-7 - Additional information given in annual report.

Section 10-35-8 - Addition to assessable value for failure to file annual report.

Section 10-35-9 - Date of annual assessment of property--Information considered--Earnings, income and franchises considered--Separate valuation of property within municipalities.

Section 10-35-10 - Valuation of power and pipelines--Application of property tax levies.

Section 10-35-10.1 - Determining fair market value of public utility property.

Section 10-35-11 - Notice of assessment to company--Hearing.

Section 10-35-12 - Equalization and notice of assessments--Certification to county auditors--Extension, collection and distribution of tax.

Section 10-35-13 - County commissioners' allocation of assessed valuations to taxing districts--Notice to company.

Section 10-35-14 - Map of lines filed with county auditor--Use in allocating valuation to taxing districts.

Section 10-35-15 - Collection of delinquent taxes.

Section 10-35-16 - Definition of terms.

Section 10-35-17 - Alternative annual tax on wind farm property and solar facilities.

Section 10-35-18 - Annual tax based on nameplate capacity of wind farm or solar facility.

Section 10-35-19 - Annual tax on electricity produced by wind farm producing power for first time between July 1, 2007 and April 1, 2015.

Section 10-35-19.1 - Annual tax on electricity produced by wind farm after March 31, 2015 or by solar facility.

Section 10-35-20 - Renewable facility tax fund.

Section 10-35-21 - Distributions from renewable facility tax fund.