10-43-29.1. Alternative apportionment methods.
If the apportionment methods included in §§10-43-22.1 to 10-43-25.9, inclusive, do not fairly represent the financial institution's net income in this state, the financial institution may petition for, or the secretary may require with respect to all or any part of the taxpayer's business activity:
(1)Separate accounting;
(2)The exclusion of any one or more of the factors;
(3)The inclusion of one or more additional factors which will fairly represent the taxpayer's business activity in this state; or
(4)The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's taxable income.
The secretary shall promulgate rules pursuant to chapter 1-26 within six months of any decision to use any of the alternative apportionment methods provided under this section.
Source: SL 1935, ch 205, §15-a; SDC 1939, §57.2707; SDCL §10-43-29; SL 1977, ch 96, §16; SL 1987, ch 82, §19; SL 2013, ch 54, §1; SL 2013, ch 55, §1.
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.