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South Dakota Laws > Title 10 > Chapter 41 - Administration And Collection Of Inheritance Tax

South Dakota Laws > Title 10 > Chapter 41 - Administration And Collection Of Inheritance Tax


Current as of: 2010
§ 10-41-1General supervision by Department of Revenue and Regulation
§ 10-41-2Investigatory powers of Department of Revenue and Regulation
§ 10-41-3Secretary or deputy secretary in special charge of inheritance tax
§ 10-41-4Investigations and appearances before circuit court by department--Notice to department of hearings on inheritance taxes
§ 10-41-5Assistance to department by attorney general
§ 10-41-6Assistance to department by state's attorneys
§ 10-41-8Inheritance tax forms and blanks--Distribution to county treasurers
§ 10-41-9Promulgation of rules
§ 10-41-10Destruction of old reports and records
§ 10-41-11Auditing of administrative expenses--Vouchers and warrants
§ 10-41-12Reports and recommendations to Governor and Legislature
§ 10-41-13Circuit court jurisdiction to determine inheritance tax questions--Exclusive jurisdiction retained by first court
§ 10-41-14Jurisdiction of inheritance tax questions on nonresident estates--Estates transferred in contemplation of death
§ 10-41-15Grant of administration for adjustment of inheritance tax--Determination without administration
§ 10-41-16Circuit court to make appraisement--Appointment of appraisement days
§ 10-41-17Report required of personal representative--Time of filing--Contents--Confidentiality
§ 10-41-18Copy of report mailed to department--Department receipt filed with clerk
§ 10-41-19Complete report required for department receipt--Receipt required for decision
§ 10-41-20Extension of time for filing of inventory--Notice to department
§ 10-41-21Destruction of reports and inventories by county treasurer
§ 10-41-22Application by county treasurer for determination of inheritance tax in absence of probate--Information supplied by treasurer
§ 10-41-23Application by county treasurer for determination of tax on transfer in contemplation of death--Recording of application and application for probate
§ 10-41-24Legal assistance to county treasurer in inheritance tax matters
§ 10-41-25Demand by department for hearing on appraisement of estate
§ 10-41-26Determination of no inheritance tax due in absence of demand for hearing
§ 10-41-27Time of hearing on inheritance tax--Citation to parties--Service of citation
§ 10-41-28Hearing on value of taxable transfers--Adjournment to ascertain indebtedness--Probate procedure applicable
§ 10-41-29Personal representative to attend hearings and submit to examination
§ 10-41-30Appearance and evidence for state--Evidence received--Stenographic record and transcript
§ 10-41-31Costs of state witnesses and stenographic record
§ 10-41-32Stipulation as to value of estate being probated--Approval by court
§ 10-41-33Findings and decree by court determining tax on transfers
§ 10-41-33.1Value of probate estate and tax liability to be sealed--Available to certain persons
§ 10-41-34Circuit court determination final unless appealed--New appraisement on discovery of other assets
§ 10-41-36Appeal to Supreme Court by estate or person interested
§ 10-41-37Appeal to Supreme Court by state
§ 10-41-38Notice and bond required on appeal
§ 10-41-39Right to judicial determination of tax without probate--Waiver to transfer investment security--Investment security jointly owned by spouses
§ 10-41-40Application for judicial determination of tax--Information supplied--Notice to secretary of revenue and regulation
§ 10-41-41Investigation and certificate of determination of tax by secretary
§ 10-41-42Hearing on taxability of property--Notice to secretary--Hearing without notice
§ 10-41-42.1Hearing on tax on waiver of notice
§ 10-41-43Hearing on certificate of no tax due
§ 10-41-44Reassessment in circuit court on fraudulent or erroneous appraisement--Referee
§ 10-41-45Original assessment superseded by reassessment--Enforcement of order
§ 10-41-46Reassessment without prejudice to party acting in good faith
§ 10-41-50Application by foreign personal representative for determination of tax on property within state
§ 10-41-51Affidavit by foreign personal representative as to property within state--Information as to mortgages and debts
§ 10-41-52Additional information required of foreign personal representative by department
§ 10-41-53Verification of application and statements by foreign personal representative--Statements not binding on department
§ 10-41-54Determination and notice of tax due from nonresident estate
§ 10-41-55Receipt issued to personal representative--Certificate of no tax due
§ 10-41-56Agreement by department on tax due from nonresident estate--Presentation and payment to state treasurer--Tax retained by state
§ 10-41-57Agreement with trustees of nonresident estate as to taxation of remainders and expectant estates--Agreement not conclusive against beneficiary
§ 10-41-58Tax payment or agreement required before transfer of property in nonresident estate--Bond for payment of tax
§ 10-41-59Execution and filing of composition agreements
§ 10-41-60Tax payment provision required before transfer of property to nonresident trustee
§ 10-41-61Tax accrued on death--Time due and payable
§ 10-41-62Time of accrual of tax on contingent or conditional transfer
§ 10-41-63Interest on tax--Category B rate
§ 10-41-63.1Application of interest rates to taxes of existing estates
§ 10-41-64Waiver or compromise of interest in case of litigation
§ 10-41-64.1Waiver or compromise of interest in case of difficulty in identifying heirs
§ 10-41-65Deduction of tax from property transferred--Payment--Delivery of property not required until tax collected
§ 10-41-66Payment to department--Receipt
§ 10-41-67Apportionment of revenue between state and counties
§ 10-41-68Tax lien on property transferred
§ 10-41-69Recording of application for probate or application for tax determination--Notice to purchasers and encumbrancers of real property--Discharge of record
§ 10-41-70Tax liability of transferees, personal representatives and trustees
§ 10-41-71Enforcement of tax as claim against decedent's estate--Sale of property in satisfaction
§ 10-41-72Civil action for collection of tax
§ 10-41-76Appeal to circuit court from determination on taxability of corporate stock--Hearing and decree
§ 10-41-77Appeal to Supreme Court on corporate stock liability for tax
§ 10-41-78Tax payment required before order of complete settlement
§ 10-41-79Tax receipt required for order of complete settlement
§ 10-41-80Costs of proceedings paid from estate and charged to property transferred--Payment by transferee or state--Lien to cover costs
§ 10-41-81Tax and lien satisfied after twelve years
§ 10-41-82Waiver or compromise of interest after ten years
§ 10-41-83Refund of erroneous payments
§ 10-41-84Time allowed to apply for refund
§ 10-41-85Annual appropriation for refunds

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