10-43-25.2. Interest, fees, and penalties in nature of interest, discount, and net gain from loans included in numerator.
Interest, fees and penalties in the nature of interest, discount, and net gain from loans, including federal funds sold and acceptances, and other installment obligations shall be included in the numerator specified in §10-43-25.1 as follows:
(1)The numerator of the receipts factor includes interest and fees or penalties in the nature of interest from loans secured by real property if the property is located within this state. If the property is located both within this state and one or more other states, the receipts described in this subdivision are included in the numerator of the receipts factor if more than fifty percent of the fair market value of the real property is located within this state. If more than fifty percent of the fair market value of the real property is not located within any one state, the receipts described in this subdivision shall be included in the numerator of the receipts factor if the borrower's billing address is located in this state;
(2)The numerator of the receipts factor includes interest and fees or penalties in the nature of interest from loans not secured by real property if the borrower's billing address is located in this state;
(3)The numerator of the receipts factor includes net gains (but not less than zero) from the sale of loans secured by real property multiplied by a fraction, the numerator of which is the amount included in the numerator of the receipts factor pursuant to subdivision (1) of this section and the denominator of which is the total amount of interest and fees or penalties in the nature of interest from loans secured by real property;
(4)The numerator of the receipts factor includes net gains (but not less than zero) from the sale of loans not secured by real property multiplied by a fraction, the numerator of which is the amount included in the numerator of the receipts factor pursuant to subdivision (2) of this section and the denominator of which is the total amount of interest and fees or penalties in the nature of interest from loans not secured by real property;
(5)The numerator of the receipts factor includes interest and fees or penalties in the nature of interest from credit card receivables and receipts from fees charged to card holders, such as annual fees, if the billing address of the card holder is in this state; and
(6)The numerator of the receipts factor includes net gains (but not less than zero) from the sale of credit card receivables multiplied by a fraction, the numerator of which is the amount included in the numerator of the receipts factor pursuant to subdivision (5) of this section and the denominator of which is the total amount of interest and fees or penalties in the nature of interest from credit card receivables and fees charged to card holders.
Source: SL 1977, ch 96, §12; SL 2014, ch 61, §6, eff. Jan. 1, 2015.
Structure South Dakota Codified Laws
Chapter 43 - Income Tax On Banks And Financial Corporations
Section 10-43-1 - Definition of terms.
Section 10-43-2 - Tax imposed on financial institutions.
Section 10-43-4 - Time of liability for tax--Rate of tax--Minimum.
Section 10-43-5 - Income tax in lieu of other taxes.
Section 10-43-10.1 - Net income defined.
Section 10-43-10.2 - Additions to taxable income.
Section 10-43-10.3 - Subtractions from taxable income.
Section 10-43-10.4 - Carryback of net operating losses not deductible.
Section 10-43-10.5 - Carryforward of net operating losses deductible.
Section 10-43-23.1 - Property factor.
Section 10-43-23.2 - Valuation of property owned or rented--Net annual rental rate.
Section 10-43-23.3 - Average value determination.
Section 10-43-24.1 - Payroll factor.
Section 10-43-24.2 - Compensation paid in state.
Section 10-43-25.1 - Receipts factor.
Section 10-43-25.3 - Fees, commissions, service charges, and other receipts included in numerator.
Section 10-43-25.4 - Rental property receipts included in numerator.
Section 10-43-25.8 - Affiliated service income included in numerator.
Section 10-43-25.9 - Affiliated service income defined.
Section 10-43-29.1 - Alternative apportionment methods.
Section 10-43-30.1 - Extension of time to file return_Conditions--Interest.
Section 10-43-34 - Final return on dissolution.
Section 10-43-36 - Consolidated report of related corporations.
Section 10-43-42.1 - Administration of chapter by secretary of revenue--Promulgation of rules.
Section 10-43-43.1 - Records kept by taxpayers--Inspection by secretary--Out-of-state records.
Section 10-43-77 - Apportionment of funds among taxing subdivisions.
Section 10-43-88 - Financial institution authorized to engage in trust business.
Section 10-43-89 - Tax on financial institutions engaging in trust business.
Section 10-43-91 - Tax on trustee of extended term trust.