South Dakota Statutes

§ 10-59-16 — Time limitation for collection--Exceptions.

South Dakota § 10-59-16
JurisdictionSouth Dakota
Title 10TAXATION
Ch. 10-57UNIFORM ADMINISTRATION OF CERTAIN STATE TAXES

This text of South Dakota § 10-59-16 (Time limitation for collection--Exceptions.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 10-59-16 (2026).

Text

Unless a proceeding, audit, action, or jeopardy assessment is commenced to determine or collect the tax, the collection thereof is barred three years from the date the return reporting the tax is filed by or on behalf of the taxpayer. There is no bar to assessment or collection of taxes, penalty, or interest in the following instances:

(1)Any period for which a taxpayer fails to obtain or maintain a license or permit required to engage in the activity which results in the tax obligation;
(2)Any period for which a taxpayer fails to file a required return or report or files a fraudulent return or report;
(3)Any tax, penalty, or interest first legally due and payable within three years of the date of mailing of a notice of intent to audit; or (4) Any period for which a taxpayer

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Related

In Re State Sales Tax Liability of Simpson
500 N.W.2d 624 (South Dakota Supreme Court, 1993)
8 case citations

Legislative History

SL 1986, ch 111, § 16; SL 1994, ch 104.

Nearby Sections

15
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Bluebook (online)
South Dakota § 10-59-16, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/10-59-16.