Taxpayers who remit tax payments by ETP may use the fedwire method of payment in emergencies. Only the following situations constitute an emergency for the purposes of this section:

1. (1) A death in the taxpayer's immediate family;
2. (2) A death of the taxpayer's key personnel;
3. (3) A natural disaster affecting the taxpayer's business;
4. (4) Failure of the electronic return system on the twenty-third day of the month; or

5. (5) Failure of the computer under the control of the Automated Clearing House (ACH) system or the bank participating in ACH electronic funds transfer.

   The taxpayer must notify the department in writing of the reason for using a fedwire. The notice may take place concurrently with the use of the fedwire. The taxpayer is responsible for the cost of the use of the fedwire.

Source: 17 SDR 4, effective July 18, 1990; 18 SDR 3, effective July 14, 1991; 21 SDR 219, effective July 1, 1995; 25 SDR 167, effective July 1, 1999; 29 SDR 177, effective July 2, 2003.

General Authority: SDCL 10-45-47.1(2) , 10-46-35.1(2) , 10-46A-19(2) , 10-46B-18(2).

Law Implemented: SDCL 10-59-32.