10-40-23 Personal, charitable and educational exemptions from tax.
10-40-23.
Personal, charitable and educational exemptions from tax.
The following
exemptions from the tax are hereby allowed:
(1)
All property transferred to public corporations within the state for strictly county,
township, school, or municipal purposes, all property which escheats to the State of South
Dakota for the benefit of the common school permanent school fund, and all property
transferred in any manner to the State of South Dakota for the benefit of any permanent
school fund;
(2)
Property transferred to a nonprofit hospital, nonprofit nursing facility, nonprofit
foundation, elementary and secondary school, college, university, seminary of learning,
church, or to an organization operating the same within the state or to a health care
organization or charitable, benevolent, or religious society or institution or foundation as
defined in §§ 10-4-9 to 10-4-9.3, inclusive. However, property transferred after July 1,
1949, to any such institution or organization operating the same without the state shall
also be exempt if the laws of the state, territory or country in which such institution is
located at the time of the transfer contained a reciprocal exemption provision under which
was allowed a similar exemption of transfers to such institutions or organization operating
the same within this state;
(3)
Property of the clear value of thirty thousand dollars transferred to each of the lineal issue
of the decedent, or any child adopted as such in conformity with the laws of any state, or
any stepchild, or any child to whom the decedent for not less than ten years prior to such
transfer stood in mutually acknowledged relation of a parent, if such relationship began
at or before the child's fifteenth birthday and was continuous for ten years thereafter, or
any lineal issue of such adopted, step, or mutually acknowledged child. For purposes of
this subdivision, a stepchild is any child of a decedent's spouse;
(4)
Property of the clear value of three thousand dollars transferred to each of the lineal
ancestors of the decedent;
(5)
Property of the clear value of five hundred dollars transferred to each of the persons
described in subdivision 10-40-21(3);
(6)
Property of the clear value of two hundred dollars transferred to each of the persons
described in subdivision 10-40-21(4);
(7)
Property of the clear value of one hundred dollars transferred to each of the persons and
corporations described in subdivision 10-40-21(5).
Source: SL 1915, ch 217, § 3c; RC 1919, § 6832; SL 1919, ch 108; SL 1923, ch 107, § 1; SDC
1939, § 57.2404; SL 1945, ch 331; SL 1949, ch 416; SL 1961, ch 445, § 2; SL 1974, ch 95; SL 1976,
ch 95, § 1; SL 1977, ch 94; SL 1977, ch 95, § 1; SL 1978, ch 82, § 1; SL 1980, ch 89, § 2; SL 1984,
ch 81; SL 1986, ch 83, § 11; SL 1994, ch 90, § 2.
Chapter 10-40