South Dakota
Statutory Tax Provisions
Estate and inheritance tax
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SD inheritance tax repealed by voters effective July 1, 2001; no estate tax
“South Dakota does not have an inheritance tax. The voters of South Dakota repealed the state inheritance tax effective July 1, 2001.There is also no estate tax.”
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Verify Official Document (dor.sd.gov)→Capital gains tax
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South Dakota imposes no personal income tax; capital gains are not taxed
“South Dakota is one of a few states that does not impose a personal income tax. There is no individual income tax in South Dakota.”Verify Official Document (dor.sd.gov)→
In-state muni bond interest
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South Dakota imposes no personal income tax; capital gains are not taxed
“South Dakota is one of a few states that does not impose a personal income tax. There is no individual income tax in South Dakota.”Verify Official Document (dor.sd.gov)→
Out-of-state muni bond interest
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South Dakota imposes no personal income tax; capital gains are not taxed
“South Dakota is one of a few states that does not impose a personal income tax. There is no individual income tax in South Dakota.”Verify Official Document (dor.sd.gov)→
GSE bond interest (FNMA/FHLMC)
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South Dakota imposes no personal income tax; capital gains are not taxed
“South Dakota is one of a few states that does not impose a personal income tax. There is no individual income tax in South Dakota.”Verify Official Document (dor.sd.gov)→
Qualified dividend income
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South Dakota imposes no personal income tax; capital gains are not taxed
“South Dakota is one of a few states that does not impose a personal income tax. There is no individual income tax in South Dakota.”Verify Official Document (dor.sd.gov)→
U.S. Treasury interest
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South Dakota imposes no personal income tax; capital gains are not taxed
“South Dakota is one of a few states that does not impose a personal income tax. There is no individual income tax in South Dakota.”Verify Official Document (dor.sd.gov)→
FHLB and FFCB bond interest
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South Dakota imposes no personal income tax; capital gains are not taxed
“South Dakota is one of a few states that does not impose a personal income tax. There is no individual income tax in South Dakota.”Verify Official Document (dor.sd.gov)→
Elective community property trust available
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South Dakota elective community property: SDCL §§55-17-1 to 55-17-13 allows married couples to elect CP treatment via a qualifying trust
“This publication doesn't address the federal tax treatment of income or property subject to the 'community property' election under Alaska, Tennessee, and South Dakota state laws.”
Note: Primary statute: SDCL §§55-17-1 to 55-17-13 (South Dakota Community Property Trust Act, enacted 2016). Married couples may elect CP treatment for assets held in a qualifying SD trust. Double step-up benefit (IRC §1014(b)(6)) is legally arguable but no IRS ruling has confirmed it. IRS Pub. 555 (December 2024) confirms the election mechanism exists.
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