Ag land tax law in South Dakota confusing lawmakers - KOTA Territory News

Ag land tax law in South Dakota confusing lawmakers

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Pennington County Commissioners have had their hands full with a state law that's caused a lot of confusion in recent months.    

Currently ranchers have to meet two of three criteria to classify their land as agricultural.

The criteria are purpose, size, and income.

But state lawmakers and others working on a remodel to the law say it's unclear. They say it does not assist in identifying or defining the principle use of property. They also say there is no assistance in the current law to help define how the income can be determined as deriving from agriculture.

Attorney and State Lawmaker David Lust says this leaves room for people to take advantage of the law.    

"I don't doubt that exists," said Lust. "And as longs as the statute permits that then I think it behooves people to try to minimize their taxes if they can."  

The proposed changes to the law will be presented in Pierre at the upcoming legislative session.

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