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Section 10-43-51 - Time for determination of tax on failure to file return or list income--Time ofpayment.

10-43-51. Time for determination of tax on failure to file return or list income--Time of payment. If the secretary of revenue and regulation discovers from the examination of the return or otherwise that the income of the taxpayer, or any portion of the income, has not been listed in the return, or that no return was filed when one was due, the secretary may at any time within five years after the time when the return was due, determine the correct amount of the tax together with interest and penalty as provided in § 10-59-6. The tax, interest, and penalty shall be paid within ten days after the secretary of revenue and regulation has given notice of the tax, interest, and penalty to the taxpayer by registered or certified mail.

Source: SDC 1939, § 57.2803 (2); SL 2003, ch 272, § 82; SL 2008, ch 37, § 105.

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