Section 10-40-10 - Taxation of property held jointly other than by husband and wife. - South Dakota Statutes

10-40-10. Taxation of property held jointly other than by husband and wife. Whenever any property, real or personal, including bonds and deposits in banks, depositories, and other institutions, is held in joint tenancy or joint names of two or more persons, other than husband and wife, so that upon the death of one of them the survivor or survivors have a right to the immediate ownership or possession and enjoyment of the whole property, the accrual of such right by the death shall be deemed a transfer taxable as though the whole property to which such relates belonged absolutely to the deceased joint tenant, owner, or depositor and had been devised or bequeathed to the surviving joint tenant or tenants, person or persons, by such deceased joint tenant, owner, or depositor by will, excepting therefrom such part thereof as may be proved originally belonged to him or them and never to have belonged to the decedent.

Source: SDC 1939, § 57.2101 (8) (b) as added by SL 1943, ch 293; SL 1953, ch 464; SL 1959, ch 436.