CHAPTER 67

(SB 159)

Taxpayer subject to audit may present additional evidence.


         ENTITLED, An Act to  allow a taxpayer who is the subject of an audit to provide certain pertinent papers and documents after the prescribed deadline under limited circumstances.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 10-59-7 be amended to read as follows:

     10-59-7.   The secretary may perform audits of the books and records of any person subject to tax in the chapters set out in § 10-59-1. Unless the secretary determines that delay may jeopardize the collection of a tax, the secretary shall mail a notice of intent to audit at least thirty days before commencement of the audit to the person to be audited. The thirty-day period may be waived by mutual consent of both parties. Any documents or records required to be kept by law to evidence reduction, deduction, or exemption from tax not prepared for presentation to the auditor within sixty days from the commencement date of the audit do not have to be considered by the auditor or the secretary. However, additional pertinent papers or documents shall be considered if all the following apply:

             (1)    The additional pertinent papers or documents are material;

             (2)    There were good reasons for failure to present other pertinent papers or documents as referenced in §  10-45-45 or 10-46-43, within the prescribed time period; and

             (3)    The additional pertinent papers or documents are submitted within a reasonable time period prior to any hearing scheduled pursuant to §  10-59-9.

     Signed March 7, 2007
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