South Dakota Codified Laws — Title 10 (Taxation)
SDCL § 10-46A-13
Personal liability of officers, managers, or partners of entity failing to file returns or pay tax--Security in lieu of liability--Bonded municipal officials exempt
If a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership subject to tax under this chapter fails for any reason to file the required returns or to pay the tax due, any of the corporate officers, member-managers or managers of limited liability companies, or partners of partnerships that control, supervise, or are charged with the responsibility of filing the returns or remitting tax payments shall be personally liable for the failure. The dissolution of a corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership does not discharge an officer, member-manager, manager, or partner's liability for a prior failure of the corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership to file a return or remit the tax due. The sum due for such a liability may be assessed and collected as provided by law.
If the corporate officers, limited liability company member-managers or managers, or partners elect not to be personally liable for the failure to file the required returns or to pay the tax due, the corporation, limited liability company, limited partnership, limited liability partnership, or limited liability limited partnership shall provide the Department of Revenue with a surety bond or certificate of deposit as security for payment of any tax that may become due. The bond or certificate of deposit provided for in this section shall be in an amount equal to the estimated annual gross receipts multiplied by the applicable sales or excise tax rate. This section does not apply to elected or appointed officials of a municipality if bonded pursuant to §§ 9-14-6 and 9-14-6.1 .
Source: view the official text
In this chapter (40 sections)
- 10-46-68 · Exemption for lodging house or hotel membership fees
- 10-46-69 · Tax on use of certain mobile telecommunications services
- 10-46-70 · Exemption of receipts received by the state and political…
- 10-46-71 · Exemption for sale of coins, currency, or bullion
- 10-46-72 · Relief from liability for failing to report tax at new…
- 10-46-73 · Exemption for nonprofit corporations created for fire…
- 10-46-74 · Exemption--Coaches
- 10-46-75 · Exemption--Certain services rendered to a partnership
- 10-46A-1 · Tax imposed on prime contractor's receipts from realty…
- 10-46A-2 · Prime contractors and subcontractors subject to tax
- 10-46A-3 · Total contract price as basis of tax--Purchased materials
- 10-46A-4 · Gross receipts defined--Items not deductible
- 10-46A-5 · Improvement without contract taxable when sold within four…
- 10-46A-6 · 10-46A-6. Repealed by SL 1980, ch 100, § 5
- 10-46A-7 · Administration of tax--Sales tax provisions applicable
- 10-46A-8 · Report and payment of tax
- 10-46A-9 · 10-46A-9. Repealed by SL 2017, ch 66, § 2
- 10-46A-10 · 10-46A-10. Repealed by SL 1980, ch 100, § 7
- 10-46A-11 · Municipal tax on contractors--Rate--Restitution
- 10-46A-12 · Contractors may list excise and use taxes as separate line…
- 10-46A-13 · Personal liability of officers, managers, or partners of…
- 10-46A-14 · Restriction on application of rate increase
- 10-46A-15 · Contractor's excise tax license required--Application
- 10-46A-16 · Issuance of license--Assignment prohibited
- 10-46A-17 · Refusal to issue license for failure to pay tax--Bond
- 10-46A-18 · Exemption for floor laying
- 10-46A-19 · Promulgation of rules
- 10-46B-1 · Tax imposed on receipts from certain realty improvement…
- 10-46B-2 · Prime contractors and subcontractors subject to tax
- 10-46B-3 · Total contract price as basis of tax
- 10-46B-4 · Gross receipts defined--Items not deductible
- 10-46B-5 · Improvement without contract taxable when sold within four…
- 10-46B-6 · Administration of tax--Sales tax provisions applicable
- 10-46B-7 · Report and payment of tax
- 10-46B-8 · 10-46B-8. Repealed by SL 2017, ch 66, § 3
- 10-46B-9 · Municipal tax on contractors--Rate--Restitution
- 10-46B-10 · Contractors may list excise and use taxes as separate line…
- 10-46B-11 · Personal liability of officers, managers, or partners of…
- 10-46B-12 · Prospective application of increases in tax
- 10-46B-13 · Contractor's excise tax license required--Application