10-59-6. Penalty for failure to file return--Penalty reduced or eliminated--Interest charged for late payment--Interest tolled during appeal--Maximum interest rate for mistake of law.
Any person required to file returns or reports under the chapters set out in §10-59-1, who fails to file a return or report which includes all taxable transactions within thirty days following the month the return or report is due is subject to an additional amount, assessed as a penalty, equal to ten percent of the tax or ten dollars whichever is greater. However, for reasonable cause shown, the secretary may reduce or eliminate such penalty.
Any person subject to tax under the chapters set out in §10-59-1 who fails to pay the tax within the time prescribed is subject to an interest charge for each month or part thereof for which the payment is late, which interest shall be one percent or five dollars whichever is greater for the first month, and one percent per month thereafter. If the failure to pay tax was with the intent to intentionally avoid or delay the payment of tax, the person who fails to pay the tax within the time prescribed is subject to an interest charge for each month or part thereof for which the payment is late, which interest shall be one and one-half percent or five dollars, whichever is greater. Interest is tolled during any appeal taken by the department or during any period the hearing examiner extends the time in which to submit a proposed decision or during any period the secretary fails to rule within thirty days after receiving the proposed decision.
Penalty and interest are considered the same as tax for the purposes of collection and enforcement including liens, distress warrants, and criminal violations. Any payment received for taxes, penalty, or interest is applied first to tax, beginning with the oldest delinquency, then to interest and then to penalty.
The secretary may, upon application of the taxpayer, establish a maximum interest rate of twenty-four percent upon delinquent taxes if the secretary determines that the delinquent payment was caused by a mistake of law and was not caused by an intent to evade the tax.
Source: SL 1986, ch 111, §6; SL 1988, ch 124, §7; SL 1989, ch 122; SL 1992, ch 102, §6; SL 2015, ch 69, §1.
Structure South Dakota Codified Laws
Chapter 59 - Uniform Administration Of Certain State Taxes
Section 10-59-1 - Application.
Section 10-59-2 - Definition of terms.
Section 10-59-3 - Notice of intent to audit defined.
Section 10-59-4 - Certificate of assessment defined.
Section 10-59-5 - Investigation and examination by secretary.
Section 10-59-6.1 - Interest assessed for failure to pay taxes when taxable transactions reported.
Section 10-59-15 - Recovery of tax, penalty, or interest by action of debt.
Section 10-59-16 - Time limitation for collection--Exceptions.
Section 10-59-17 - Compliance with procedures prerequisite to jurisdiction of courts.
Section 10-59-19 - Recovery of overpaid taxes--Time limitation.
Section 10-59-23 - Recovery refund paid to taxpayer.
Section 10-59-24 - Recovery refund--Interest included--Exception.
Section 10-59-25 - Application of subsequent sections.
Section 10-59-27 - Reliance on written advice--Inconsistent position by department.
Section 10-59-28 - Reduction or abatement of penalty or interest.
Section 10-59-29 - Evaluation of employees or imposition of quotas from revenue amount prohibited.
Section 10-59-30 - Release of tax lien--Erroneous liens--Costs.
Section 10-59-34 - Costs paid by losing party if position not justified.
Section 10-59-35 - Audit standards--List of proposed taxable items--Protest.
Section 10-59-36 - Authorizing to file returns or reports by electronic means.
Section 10-59-37 - Alternative methods for signing returns.
Section 10-59-38 - Promulgation of rules.
Section 10-59-40 - Filing of returns required whether or not gross receipts are subject to tax.
Section 10-59-41 - Prior compliance--Effect.
Section 10-59-44 - Revocation or cancellation of license for failure to file return or remit tax.
Section 10-59-45 - Contested case hearing--Time for request--Appeal.
Section 10-59-46 - Preparation of list of delinquent taxpayers.
Section 10-59-47 - Notice to delinquent taxpayer before publication.
Section 10-59-48 - Unpaid taxes not subject to disclosure.
Section 10-59-49 - Publication of list of delinquent taxpayers.
Section 10-59-50 - Removal of name from list.
Section 10-59-51 - Good faith disclosure not a violation of other statutes.
Section 10-59-52 - Fee for collecting tax on behalf of another entity.
Section 10-59-53 - Definitions relating to automated sales suppression devices and phantom-ware.
Section 10-59-54 - Automated sales suppression devices and phantom-ware prohibited--Felony.
Section 10-59-55 - Civil penalty for violation of §10-59-54.
Section 10-59-56 - Liability for taxes, penalties, and interest.
Section 10-59-57 - Seizure of automated sales suppression device or phantom-ware without warrant.