10-12A-1.Definition of terms. Terms as used in this chapter mean: (1)”Department,” the South Dakota Department of Revenue; (2)”Indian country,” those areas defined in 18 U.S. C. §1151; and (3)”Tribal tax,” any tax imposed by an Indian tribe on persons subject to the Indian tribe’s taxing powers. Source: SL 1974, ch 105, §1; SL 2003, ch […]
10-12A-2. Legislative findings–Agreements authorized. The Legislature finds that the public interest of both Indians and non-Indians is best served by close cooperation between the state government and the Indian tribes. The Legislature finds this cooperation to be especially important in the area of taxation. Accordingly, the department is hereby authorized to enter into tax collection […]
10-12A-4. Agreement to collect taxes for tribes–Fee. The department may enter into tax collection agreements with any Indian tribe under the provisions of this chapter and chapter 1-24. These agreements may provide for the collection of any of the following state taxes and any tribal taxes imposed by a tribe that are identical to the […]
10-12A-4.1. Approval by Governor and attorney general required–Publication in counties affected. Any tax collection agreement entered into pursuant to this chapter is binding and effective only after it is approved by the Governor and attorney general of the State of South Dakota. Prior to approval by the Governor and the attorney general, notice of the […]
10-12A-5. Percentage of state and tribal tax proceeds remitted to tribe. A tax collection agreement between the department and an Indian tribe may provide, if agreed upon by the parties, that a fixed percentage of the total annual state and tribal tax proceeds from an area of Indian country shall be remitted to the Indian […]
10-12A-6. Duration of collection agreements–Renewal. Any tax collection agreements between the department and an Indian tribe shall be for a term not to exceed five years. Such agreement, however, is renewable upon expiration by the mutual consent of the parties. Source: SL 1974, ch 105, §6; SL 2003, ch 54, §7.
10-12A-8. State jurisdiction within Indian country. Nothing in this chapter may be construed to relinquish any jurisdiction the state might have to levy or collect from any person any tax or fee within Indian country. Source: SL 1991, ch 89, §3; SL 2003, ch 54, §9.
10-12A-9. Authority to collect fuel excise taxes under this chapter revoked if Hayden-Cartwright Act authorizes state imposition of tax. The authority granted by subdivision 10-12A-4(7) is hereby revoked if the South Dakota Supreme Court or the United States Supreme Court rules that the Hayden-Cartwright Act, 4 U.S.C. §104, authorizes the state to impose state motor […]
