South Dakota Codified Laws
Chapter 44 - Insurance Company Premium And Annuity Tax
Section 10-44-1 - Definition of terms.

10-44-1. Definition of terms.
Terms used in this chapter mean:
(1)"Company," any corporation, association, reciprocal or inter-insurance exchange, and any other organization whatsoever, whether foreign or domestic, transacting business in South Dakota under the insurance laws of this state, as insurer, indemnitor, or surety;
(2)"Consideration for annuity contracts," the gross amount of consideration received by a company during the preceding calendar year for annuity contracts on lives of residents in this state less annuity considerations returned, termination allowances on group annuity contracts and so-called dividends on participating annuity contracts;
(3)"Domestic company," any company organized under the laws of South Dakota;
(4)"Foreign company," any company organized under the laws of a jurisdiction other than South Dakota;
(5)"Premiums," as defined under §58-11-1, (but not including premiums received for re-insurance and not including any consideration for annuity contracts) upon property or risks, resident or located within this state, less premium refunds, including refunds of deposits to subscribers of reciprocal or inter-insurance exchanges, and so-called dividends on participating policies.

Source: SL 1951, ch 456, §1; SDC Supp 1960, §57.35A01; SL 1993, ch 98, §2; SL 1995, ch 66, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 10 - Taxation

Chapter 44 - Insurance Company Premium And Annuity Tax

Section 10-44-1 - Definition of terms.

Section 10-44-1.1 - Rules of director of insurance.

Section 10-44-2 - Tax levied on premiums and consideration for annuities--Time of payment--Overpayment refund or credit--Rates.

Section 10-44-2.1 - Applicability of tax on premiums and consideration for annuities.

Section 10-44-2.2 - Premium tax on travel insurance--Tax allocation and reporting.

Section 10-44-3 - Farm mutual insurers and fraternal benefit societies exempt from tax.

Section 10-44-4 - Tax credit for principal office or regional home office.

Section 10-44-5 - Functions of regional home office and principal office--Rules.

Section 10-44-6 - Proof of maintenance of principal office or regional home office and payment of ad valorem taxes--Certificate allowing tax credit.

Section 10-44-7 - Payment required for certificate permitting continuance in business.

Section 10-44-8 - Exemption of taxpayer from other taxes.

Section 10-44-9 - Additional tax levied on fire insurance premiums.

Section 10-44-9.1 - Determining amount of fire insurance premium tax--Distribution.

Section 10-44-9.2 - Fire departments eligible for tax distribution certified annually by department.

Section 10-44-9.4 - Allocation to counties--Amount.

Section 10-44-9.5 - Allocation to fire departments serving county--Amount.

Section 10-44-9.6 - Payments to fire departments--Uses of money--Accumulation of funds--Reallocation if fire department ceases to exist--Unused balance to general fund.

Section 10-44-15 - Payment of fire insurance tax proceeds into firemen's pension fund.

Section 10-44-16 - Penalty on unpaid taxes and installments--Refunds.