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South Dakota Codified Laws — Title 10 (Taxation)

SDCL § 10-13-45

Classification of single-family dwelling constructed or being constructed for sale by contractor as owner-occupied single-family dwelling--Restrictions

Official textsdlegislature.gov

Any contractor that has constructed or is constructing a single-family dwelling for the purpose of selling the dwelling to be occupied as a single-family dwelling may apply to have the property specifically classified for the purpose of taxation pursuant to §§ 10-13-39 to 10-13-40.3 , inclusive, as an owner-occupied single-family dwelling. For the purposes of this section, a single-family dwelling is a house, condominium apartment, residential housing consisting of four or less family units, town house, or town home, which may be assessed and taxed as a separate unit, including an attached or unattached garage and the parcel of land upon which the structure is situated as recorded in the records of the director of equalization. A contractor may only have a maximum of four dwellings classified as owner-occupied single-family dwellings. If any portion of the space is or has been occupied, only the portion of the dwelling not currently or previously occupied shall be classified as an owner-occupied single-family dwelling. The contractor shall comply with the application provisions imposed on the owner-occupant pursuant to §§ 10-13-39 to 10-13-40.3 , inclusive. However, no dwelling, pursuant to this section, may be classified as an owner-occupied single-family dwelling for more than two consecutive years.

Last amended: Source: SL 2009, ch 44 , § 1. Effective July 1, 2026 10-13-45 . Classification of owner-occupied single-family dwelling--Construction for sale by contractor--Restrictions. Any contractor that has constructed or is constructing a single-family dwelling, as defined in § 10-13-39 , for the purpose of selling the dwelling to be occupied as a single-family dwelling may apply to have the property specifically classified for the purpose of taxation pursuant to §§ 10-13-39 to 10-13-40.3 , inclusive, as

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In this chapter (22 sections)
  1. 10-13-1 · 10-13-1 to 10-13-10. Repealed by SL 1992, ch 84, § 11
  2. 10-13-11 · 10-13-11 to 10-13-19. Repealed by SL 1995, ch 57, §§ 22 to 30
  3. 10-13-20 · Construction of chapter
  4. 10-13-21 · Promulgation of rules
  5. 10-13-22 · 10-13-22 to 10-13-34. Repealed by SL 1995, ch 57, § 13
  6. 10-13-35 · Limitation on tax levy increase on real property--School…
  7. 10-13-36 · Excess tax levy authorized--Vote of governing…
  8. 10-13-37 · Median level of assessment to be eighty-five percent of…
  9. 10-13-38 · Determining index factor--Notice to county auditor of…
  10. 10-13-39 · Classification of owner-occupied single-family dwelling
  11. 10-13-40 · Eligibility for owner-occupied classification
  12. 10-13-41 · 10-13-41. Repealed by SL 2004, ch 86, § 3
  13. 10-13-42 · 10-13-42. Repealed by SL 1997, ch 54, § 4
  14. 10-13-43 · Information provided by county auditor to Department of…
  15. 10-13-44 · 10-13-44. Repealed by SL 2015, ch 39, § 5
  16. 10-13-45 · Classification of single-family dwelling constructed or…
  17. 10-13-46 · Municipality property tax rebate
  18. 10-13-47 · Homeowner property tax reduction…
  19. 10-13-48 · Homeowner property tax reduction fund--Deposit of moneys
  20. 10-13A-1 · 10-13A-1, 10-13A-1.1. Repealed by SL 1995, ch 68, §§ 53, 54
  21. 10-13A-2 · 10-13A-2. Repealed by SL 1981, ch 88, § 1
  22. 10-13A-3 · 10-13A-3. Repealed by SL 1979, ch 67, § 1
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