10-39A-4. Operator to be designated to file returns and pay tax--Tax withheld from owner--Designated operator.
Each owner of interests in energy minerals produced from a single well or mine shall designate an operator to file all required returns and to pay the tax due under this chapter. The tax, subject to any provisions to the contrary in any written contract, lease, or other form of agreement, shall be withheld from distributions that would otherwise be made to each owner by the operator for payment to the state. If any owner of interests in energy minerals produced from a single well or mine fails to designate such an operator, then the person designated as operator by the owner of the working interest in the well or mine, or, if no such person has been designated, then the person holding the greatest portion of the working interest in such well or mine, is the designated operator for purposes of this section.
Source: SL 1977, ch 93, §4; SL 1978, ch 81, §8; SL 2008, ch 37, §97.
Structure South Dakota Codified Laws
Chapter 39A - Energy Minerals Severance Tax
Section 10-39A-1 - Severance tax imposed on energy minerals--Rate.
Section 10-39A-1.1 - Definition of terms.
Section 10-39A-2.1 - Posted field price as taxable value.
Section 10-39A-2.2 - Uranium ore taxed on triuranium octa-oxide content.
Section 10-39A-3.1 - Point of imposition of severance tax.
Section 10-39A-7 - Severance tax in lieu of taxes other than sales, use, and property taxes.
Section 10-39A-8 - Proceeds distributed.
Section 10-39A-9 - Funds paid to counties.
Section 10-39A-10 - County trust and agency account--Purposes for which proceeds used by counties.