South Dakota Codified Laws 10-59-16. Time limitation for collection–Exceptions
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;
Terms Used In South Dakota Codified Laws 10-59-16
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(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 files a return reporting tax due and fails to remit the tax reported on the return in full.
Source: SL 1986, ch 111, § 16; SL 1994, ch 104.