Annual Report And Gross Receipts Tax Assessment

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G a r y
Hanson, Vice Chair
Chris Nelson, Commissioner
Steve Kolbeck, Chair
Consumer Hotline
1-800-332- 1782
To All Telecommunications Companies
SOUTH DAKOTA
PUBLIC UTILITIES COMMISSION
500 East Capitol Avenue
Pierre, South Dakota 57501-5070
RE: ANNUAL REPORT AND GROSS RECEIPTS TAX ASSESSMENT
Capitol Office
1-866-757-6031
(605) 773-3201 fax
Warehouse
(605) 773-5280
(605) 773-3225 fax
SDCL Chapter 49-1 A establishes the South Dakota Public Utilities Commission Gross Receipts Tax Fund.
This Fund is financed by assessing a tax on the annual intrastate gross receipts received by a utility. The
Fund is used by the Commission to defray regulatory expenses related to the regulation of
telecommunications, electricity and natural gas. The specific statute reads as attached.
On April 15' of each year all utilities and telecommunications companies doing business in South Dakota
shall file with the Commission, on forms prescribed by the Commission, the amount of its gross receipts
derived from customers within South Dakota during the preceding calendar year pursuant to SDCL 49-1A-4.
The report shall be sworn to and verified by an officer of the company. On May 15' of each year, the
Commission shall, by order, establish the rate and assess the tax authorized in SDCL 49-1A-3 which,
together with any funds remaining from the current fiscal year and the two hundred fifty dollar minimum
gross receipt tax, will fund the Commission's budget for the next fiscal year and provide a contingency
reserve in an amount not to exceed the prior year's budget. In accordance with SDCL 49-1A-5, the tax is
due and payable on July 1@ of each year. Please note that one form must be filed for EACH company.
Pursuant to SDCL 49-1A-7, all amounts deposited in the South Dakota Public Utilities Commission gross
receipts tax fund are appropriated to the use of the Public Utilities Commission for its expenses in regulating
public utilities as defined in SDCL 49-34A and telecommunications companies as defined in SDCL 49-31
-
l(26). Such expenses may be paid out of the fund on warrants drawn by the state auditor upon duly
itemized vouchers. The funds necessary for such expenses are hereby authorized to be expended. The
funds may not be expended for any other operations of state government.
Your payment to the Commission should be based on GROSS INTRASTATE REVENUES. The statute
does not exempt any forms of this revenue. The data may be verified with other data filed with the State of
South Dakota.
Please note that late payment shall result in a penalty assessment of ten percent of the tax due for each
month of such delinquency pursuant to SDCL 49-1 A-6.
Pursuant to SDCL 49-31-7.4 (4), all telecommunication companies are required to complete an Annual
Report, which can be completed on-line http:llpuc.sd.gov/WebFormsNVebForms.aspx. The report must be
completed prior to June l5' of each year.
If you have any questions regarding your payment or annual report please contact our office. This letter as
well as the attached statutes, rules and forms are also on the Commission's home page: htt~://puc.sd.qov.
w - R
Finance Manager
L I
South Dakota Public Utilities Commission
Feb. 2011

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