Section 10-55A-2 - Time for filing claim for recovery. - South Dakota Statutes

10-55A-2. Time for filing claim for recovery. Beginning with the tax year 1993, a person seeking recovery of an allegedly overpaid tax shall file a claim for recovery, with the secretary, within one year from the due date of the annual statement under § 58-6-75. A claim for recovery not filed within one year of the due date is barred. For claims correctly filed prior to July 1, 1993, the director shall send by certified mail to each insurer a summary of the amount shown on file with the Division of Insurance for the 1992 tax year and all prior years. The insurer has thirty days from receipt of the summary to file a protest of that amount together with a corrected amount and substantiating documentation. If the insurer fails to file a protest within the thirty days, the amount set by the director of insurance is correct and any further claim by the insurer is barred. An insurer may request an extension of thirty days in writing and the director may grant an extension of not more than thirty days. This does not allow an insurer which did not file correctly under the provisions of this section before July 1, 1993, to now file for any overpayment of taxes.

Source: SL 1982, ch 99, § 2; SL 1993, ch 97, § 5.