Sd Eform 1974 V3 - Tax Refund Or Delay Programs Page 3
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4Form Instructions
The State of South Dakota offers several programs for businesses to seek a tax refund or to delay the payment of tax.
These programs may be applied for by the owner of the project. The programs pertain only to South Dakota State Sales,
Use or Contractors’ Excise Taxes; Municipal Taxes are not included in the refund calculations.
Each program requires the completion of an application and each project requires a separate application. Only one
program may be applied for per project. Application filing deadlines are specific to each project and are detailed below.
Please complete the application form entirely indicating which program you are applying for.
The programs available are:
1. New or Expanded Business Facility Refund (SDCL 10-45B)
Effective 07/01/10
• • • • • Includes new business or agricultural processing facility
·
• • • • • Construction date on or after 01/01/10
• • • • • Project costs incurred and paid from 07/01/10 - 12/31/12
• • • • • Project costs incurred and paid from 01/01/10 - 06/30/10 prior program
• • • • • Refund of Percentage of Taxes Paid based on project costs
o Costs of $10 Million or less, No Refund
Costs from $10 to $40 Million, Refund of 45% of Taxes Paid
o
Costs from $40 to $500 Million, Refund of 55% of Taxes Paid
o
Costs over $500 Million, No Refund
o
• • • • • Application deadline: Any time prior to the construction date or up to 180 days after the construction date
• • • • • No refunds prior to construction date
2. Wind Energy Refund (SDCL 10-45B)
Effective 07/01/10
• • • • •
·
A Wind Energy Facility means:
o New or Expanded Wind Farm; or
o New & Upgraded Electric Transmission Line; or
o A New Facility that Manufactures, Assembles, or Distributes Wind or Transmission Components
• • • • • Construction Date on or after 01/01/10
• • • • • Project Costs incurred and paid from 07/01/10 - 12/31/12
• • • • • Project Costs incurred and paid from 01/01/10 - 06/30/10 prior program
• • • • • Refund of Percentage of Taxes Paid based on project costs:
o Costs of $10 Million or less, No Refund
Costs from $10 to $40 Million, Refund of 45% of Taxes Paid
o
Costs over $40 Million, Refund of 55% of Taxes Paid
o
• • • • • Application deadline: Any time prior to the construction date or up to 180 days after the construction date
• • • • • No refunds prior to construction date
3. Commercial Small Power Production Refund (SDCL 49-34A)
•
Power Production Facility Producing 10 Megawatts or Less of Electricity
•
Utilizing Renewable Resource
•
Refund of South Dakota Contractors’ Excise Taxes on the Project
•
Application deadline: At least 30 days prior to the construction date
4. Power Production Delay to Pay Excise Tax (SDCL 10-46C)
•
Power Production Facility Producing more than 10 Megawatts of Electricity
•
Utilizing Renewable Resource
•
Project owner pays South Dakota Contractors’ Excise Tax Rate of 1% on the Project paid in 4 equal payments
due annually
•
Application deadline: At least 30 days prior to the construction date
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