South Dakota Codified Laws — Title 10 (Taxation)
SDCL § 10-47B-134
Refund for taxes paid on fuel sold to customer whose accounts are worthless--Sufficient evidence and testimony
Any wholesale distributor or retail dealer licensed as a marketer in this state may apply for and obtain a refund for taxes paid to this state on any gallons of motor fuel, undyed special fuel, or liquid petroleum gas sold to customers whose accounts are found to be worthless. Accounts may not be deemed to be worthless unless they have been claimed as uncollectible and deducted as an expense on the licensee's federal income tax return. Upon application of this refund, the department shall have cause and authority to make an assessment and take collection action against the purchaser of the fuel in accordance with the provisions of chapter 10-59 . A refund claimant shall only be eligible for a refund for the taxes not paid by a customer once every three years. The department shall notify all licensed suppliers, out - of - state suppliers, and marketers that the party has been delinquent in the payment of tax and that no further refunds will be paid for sales made to the party during the next three - year period. To qualify for a refund a marketer shall supply the department sufficient evidence and testimony to enforce any tax collection action by the department.
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In this chapter (40 sections)
- 10-47B-114 · Quarterly report required from highway contractor
- 10-47B-115 · Necessary information reported by highway contractor
- 10-47B-116 · Final report by licensee
- 10-47B-117 · Aggregate reporting
- 10-47B-118 · Importing, selling, using, delivering or storing fuel in…
- 10-47B-119 · 10-47B-119. Repealed by SL 2011, ch 61, § 1
- 10-47B-120 · Tax refund for gasoline and natural gasoline used to…
- 10-47B-121 · Tax report credit available to blender--No refund
- 10-47B-122 · Tax refund to dealer for sale of fuel to approved tribal…
- 10-47B-123 · Tax refund to dealer for lost fuel
- 10-47B-124 · Tax refund to retail dealer on fuel sold to federal…
- 10-47B-125 · Tax refund available to licensed exporter
- 10-47B-126 · Credit for taxes paid on fuel acquired by importer from…
- 10-47B-127 · 10-47B-127. Repealed by SL 2011, ch 61, § 10
- 10-47B-128 · Circumstances allowing tax refund for undyed special fuel…
- 10-47B-129 · Tax credit--Fuel types--Supply tank of qualified motor…
- 10-47B-130 · Credit for taxes mistakenly paid--Refund
- 10-47B-131 · Tax refund to dealer for undyed special fuel delivered to…
- 10-47B-132 · Refund for taxes paid when undyed diesel fuel accidentally…
- 10-47B-133 · Tax refund to supplier if purchaser fails to pay for…
- 10-47B-134 · Refund for taxes paid on fuel sold to customer whose…
- 10-47B-135 · No tax refund for certain uses of fuel
- 10-47B-136 · 10-47B-136. Repealed by SL 2009, ch 55, § 28
- 10-47B-137 · Lost fuel--Requirements for tax refund
- 10-47B-138 · 10-47B-138 to 10-47B-142. Repealed by SL 2011, ch 61, §§…
- 10-47B-143 · Rejection of fraudulent claim
- 10-47B-144 · Interest on refund claim not refunded within required time…
- 10-47B-145 · Rejection of tax refund claim--Assessment of tax against…
- 10-47B-146 · Cooperation of state agencies--Information exchange with…
- 10-47B-147 · Interstate agreements or compacts authorized--Access to…
- 10-47B-148 · Collection and distribution of tax, fee, penalty…
- 10-47B-149 · Monthly adjustment to motor fuel tax fund balance
- 10-47B-150 · Taxes used in airplanes and aircraft transferred to state…
- 10-47B-151 · Funds from motor fuel tax used to improve boating…
- 10-47B-152 · Use of funds transferred to parks and recreation fund
- 10-47B-153 · Improving boating facilities declared to be public purpose
- 10-47B-154 · 10-47B-154. Repealed by SL 2011, ch 61, § 16
- 10-47B-155 · License revocation hearing--Written notice of revocation
- 10-47B-156 · Sworn statement in lieu of verification of report before a…
- 10-47B-157 · Record keeping required of licensee