South Dakota Codified Laws
Chapter 44 - Insurance Company Premium And Annuity Tax
Section 10-44-4 - Tax credit for principal office or regional home office.

10-44-4. Tax credit for principal office or regional home office.
Any insurer subject to payment of tax provided for in §10-44-2, and which has in this state its principal office, or a regional home office as defined in §10-44-5, for over one-half the tax year is entitled to the following credits and deductions against such tax:
(1)An amount equal to fifty percent of the tax as determined under §10-44-2; and
(2)An amount equal to ad valorem taxes or payments made in lieu of taxes paid by such insurer, whether direct or in the form of rent, on that proportion of the premises occupied as a principal or regional home office during the year next preceding the filing of its annual tax return.
However, in no event shall such credits and deductions reduce the amount of tax to less than thirty percent of the amount of the tax otherwise payable without the application of the credit provided by this section. Any insurer who qualifies for a credit pursuant to this section shall meet the requirements provided for in §58-5-93.

Source: SDC Supp 1960, §57.35A02 as added by SL 1967, ch 330; SL 1982, ch 110, §2; SL 2004, ch 92, §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.