50-11-19. Additional tax for original registration--Nonpayment as misdemeanor--Civil penalty.
In addition to all other registration fees paid to the department, an additional original registration tax of four percent, based upon the purchase price of the aircraft, shall be paid to the department, along with the application for the original registration of an aircraft. For an initial registration of aircraft manufactured and used exclusively for agricultural purposes, the registration tax under this section is three percent.
Aircraft subject to the tax imposed by this chapter are exempt from taxes imposed by chapters 10-45 and 10-46. Aircraft used under a use stamp or dealer certificate, or engaged in regularly scheduled flying consisting of an act of interstate or foreign commerce, are exempt from the taxes imposed by chapters 10-45 and 10-46.
Failure to pay the registration tax under this section within thirty days after an aircraft is operated in this state is a Class 2 misdemeanor. Failure to pay the registration tax within ninety days of the due date shall result in a civil penalty of one-half percent of the tax due for each month, or portion of the month, until the tax is paid in accordance with this chapter, not to exceed five percent of the tax due. A civil penalty imposed under this section shall be deposited into the aeronautics fund.
Source: SDC 1939, §2.0408 as enacted by SL 1949, ch 4, §2; SL 1966, ch 1, §5; SL 1973, ch 62, §2; SL 1982, ch 112, §2; SL 1983, ch 15, §198; SL 1985, ch 379, §3; SL 1987, ch 357, §1; SL 1993, ch 348, §12; SL 2014, ch 224, §1; SL 2019, ch 203, §33.
Structure South Dakota Codified Laws
Chapter 11 - Registration And Licensing Of Aircraft And Pilots
Section 50-11-5 - Posting of aircraft registration certificate--Decal--Violation as misdemeanor.
Section 50-11-11 - Expiration of registration.
Section 50-11-12 - Schedule of registration fees--Nonpayment as misdemeanor.
Section 50-11-14 - Fees--Aircraft more than ten years old.
Section 50-11-15 - Fees--Part-year registration.
Section 50-11-16 - Payment of delinquent fees and taxes prerequisite to registration.
Section 50-11-17 - Fees--Minimum registration fee.
Section 50-11-19.1 - Purchase price defined.
Section 50-11-19.4 - Transfer of amount of credit to aeronautics fund.
Section 50-11-20 - Aircraft to which additional tax applies--Exceptions and exemptions.
Section 50-11-21 - Promulgation of rules--Additional registration tax--Aeronautics fund.
Section 50-11-21.1 - Jeopardy assessment of additional tax--Lien--Distress warrant--Bond.
Section 50-11-21.2 - Lien for tax or penalty.
Section 50-11-25 - Exceptions to state registration requirements--Government aircraft.
Section 50-11-26 - Exceptions to state registration requirements--Military aircraft.
Section 50-11-28 - Exceptions to state registration requirements--Interstate or foreign commerce.
Section 50-11-33 - Certificate of registration--Permits--Alteration or forgery--Violation as felony.
Section 50-11-35 - Application of original registration tax to leased aircraft.