Section 10-40-23.3 - Relationship determining tax rate on spousal transfer. - South-dakota Statutes

State Codes and Statutes

Statutes > South-dakota > Title-10 > Chapter-40 > Statute-10-40-23-3

10-40-23.3. Relationship determining tax rate on spousal transfer. Property subject to the tax imposed by this chapter by § 10-40-23.2 which:
(1) Was exempt from taxation under § 10-40-23.1; and
(2) Constitutes a qualified terminable interest in property under the Internal Revenue Code, as amended, and in effect on January 1, 2001; is subject to the tax imposed by this chapter on the death of the testator's or grantor's spouse. The tax shall be based on the relationship between the testator or grantor of the qualified terminable interest in the property and the beneficiaries of the property.

Source: SL 1983, ch 79; SL 1989, ch 101, § 5; SL 1990, ch 83, § 5; SL 1991, ch 98, § 5; SL 1992, ch 68, § 5; SL 1993, ch 95, § 5; SL 1994, ch 92, § 5; SL 1995, ch 65, § 5; SL 1996, ch 79, § 5; SL 1997, ch 65, § 5; SL 1998, ch 68, § 5; SL 1999, ch 56, § 5; SL 2000, ch 59, § 5; SL 2001, ch 53, § 5.

State Codes and Statutes

Statutes > South-dakota > Title-10 > Chapter-40 > Statute-10-40-23-3

10-40-23.3. Relationship determining tax rate on spousal transfer. Property subject to the tax imposed by this chapter by § 10-40-23.2 which:
(1) Was exempt from taxation under § 10-40-23.1; and
(2) Constitutes a qualified terminable interest in property under the Internal Revenue Code, as amended, and in effect on January 1, 2001; is subject to the tax imposed by this chapter on the death of the testator's or grantor's spouse. The tax shall be based on the relationship between the testator or grantor of the qualified terminable interest in the property and the beneficiaries of the property.

Source: SL 1983, ch 79; SL 1989, ch 101, § 5; SL 1990, ch 83, § 5; SL 1991, ch 98, § 5; SL 1992, ch 68, § 5; SL 1993, ch 95, § 5; SL 1994, ch 92, § 5; SL 1995, ch 65, § 5; SL 1996, ch 79, § 5; SL 1997, ch 65, § 5; SL 1998, ch 68, § 5; SL 1999, ch 56, § 5; SL 2000, ch 59, § 5; SL 2001, ch 53, § 5.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > South-dakota > Title-10 > Chapter-40 > Statute-10-40-23-3

10-40-23.3. Relationship determining tax rate on spousal transfer. Property subject to the tax imposed by this chapter by § 10-40-23.2 which:
(1) Was exempt from taxation under § 10-40-23.1; and
(2) Constitutes a qualified terminable interest in property under the Internal Revenue Code, as amended, and in effect on January 1, 2001; is subject to the tax imposed by this chapter on the death of the testator's or grantor's spouse. The tax shall be based on the relationship between the testator or grantor of the qualified terminable interest in the property and the beneficiaries of the property.

Source: SL 1983, ch 79; SL 1989, ch 101, § 5; SL 1990, ch 83, § 5; SL 1991, ch 98, § 5; SL 1992, ch 68, § 5; SL 1993, ch 95, § 5; SL 1994, ch 92, § 5; SL 1995, ch 65, § 5; SL 1996, ch 79, § 5; SL 1997, ch 65, § 5; SL 1998, ch 68, § 5; SL 1999, ch 56, § 5; SL 2000, ch 59, § 5; SL 2001, ch 53, § 5.