South Dakota Codified Laws
Chapter 39 - Mineral Severance Tax
Section 10-39-45 - Finished value subject to tax--Allocation between processors.

10-39-45. Finished value subject to tax--Allocation between processors.
For the purposes of this chapter, the severing of precious metals and the further acts or processes necessary to separate, refine, or finish the product are construed to be a continuous and uninterrupted process, and the tax imposed by this chapter shall apply to the value of the finished product. If the processes of refining, finishing, or smelting are carried on by a different person than mined or severed the ore or product from its natural state, the tax shall apply to the value of the finished product and the amount payable by each part engaged in the production shall be allocated by the secretary of revenue by a computation of the value of the product in each state of production. The total tax so allocated may not exceed the total percent to be collected.

Source: SL 1981, ch 95, §4; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 10 - Taxation

Chapter 39 - Mineral Severance Tax

Section 10-39-42 - Definitions.

Section 10-39-43 - Severance tax on gold.

Section 10-39-44 - Gross yield and gross production defined.

Section 10-39-45 - Finished value subject to tax--Allocation between processors.

Section 10-39-45.1 - Imposition of tax on net profit--Rate.

Section 10-39-45.2 - Deductions for determining net profit.

Section 10-39-45.3 - Estimated tax--Filing--Payment.

Section 10-39-45.4 - Annual filing--Payment, refund, or application to next estimate.

Section 10-39-45.5 - Annual statement required--Form--Contents.

Section 10-39-45.6 - Delinquency.

Section 10-39-48 - Failure to file statements as misdemeanor--Determination of tax.

Section 10-39-49 - Promulgation of rules.

Section 10-39-50 - Access to taxpayer's records--Violation as misdemeanor.

Section 10-39-51 - Payment under protest--Action for recovery--Repayment--Restraining collection prohibited.

Section 10-39-52 - False statement as felony--Forfeiture.

Section 10-39-53 - Exemption of persons severing small amounts.

Section 10-39-54 - Distribution of proceeds.

Section 10-39-54.1 - Transfer of revenue payable to county.

Section 10-39-54.2 - Impact and economic diversification trust fund--Deposit of county funds therein--Threshold level for allocations.

Section 10-39-54.3 - Allocation of funds by county--Purposes.

Section 10-39-54.4 - Annual accounting by county.

Section 10-39-56 - Tax on owners of royalty or working interests--Withholding and remittance--Exemptions.

Section 10-39-58 - Temporary provisions for severance tax on precious metals--Rate according to value of gross yield.

Section 10-39-59 - Due dates of quarterly payments.

Section 10-39-60 - Temporary tax not additional tax.

Section 10-39-67 - Filing verified estimates--Payment due.

Section 10-39-68 - Additional tax on precious metals--Rate.