Housing

South Dakota Disabled Veteran Property Tax Exemption

Two hundred thousand dollars of the full and true value of an owner-occupied dwelling is exempt for a veteran rated permanently and totally disabled from a service-connected disability. The deadline is November 1 and the application is confidential.

Also called: property tax, 10-4-40, $200,000, permanently and totally disabled, owner-occupied, November 1, director of equalization, disabled veteran exemption.

For: Veteran or service member, survivor.

Where it applies

Written for the jurisdictions listed here.

Section 10-4-40 exempts two hundred thousand dollars of the full and true value of a dwelling classified as owner-occupied, owned and occupied by a veteran who is rated as permanently and totally disabled from a service-connected disability. It is an exemption of value, not a credit against the bill, so what it is worth is $200,000 multiplied by the local mill rate. In most of South Dakota that lands somewhere between two and three thousand dollars a year. The figure moved recently and the old one is still in circulation. House Bill 1082 of 2024 raised it from one hundred fifty thousand to two hundred thousand, effective for taxes payable in 2025. The bill as introduced said two hundred fifty thousand and added an annual consumer price index escalator; the House committee struck the "fifty" and the Senate Taxation committee struck the escalator, so the law is a flat $200,000 that does not index. Any source quoting $250,000, or describing the exemption as inflation-adjusted, is describing a bill rather than a statute. The gate is the part that is most often stated wrong, including by the state. The statute says "permanently and totally disabled", and permanent and total is a VA finding distinct from a hundred percent rating. A veteran rated 100 percent on a condition VA expects to improve is not permanent and total; a veteran paid at the total rate through individual unemployability whom VA has found permanently unemployable is. The Department of Revenue's own pages disagree with each other on this: the relief programs page says "permanently and totally disabled as a result of a service-connected disability", tracking the statute, while the deadline entry on the department's calendar says "permanently and 100% disabled". A veteran holding a permanent and total determination at less than a hundred percent schedular should be reading the statute, not the calendar. The deadline is November 1, to the local county assessor, on a form prescribed by the secretary of revenue. Both the application and the supporting documents are confidential, which is not the rule everywhere; North Dakota's equivalent affidavit is open to public inspection by statute. Two ways back in after a missed deadline, and they are not the same strength. If the veteran simply missed the owner-occupied classification deadline or the exemption deadline, the board of county commissioners may recalculate and may abate or refund under chapter 10-18. That is discretionary. But House Bill 1193 of 2026 added a second paragraph for the case that actually happens: where the only thing the veteran failed was the deadline because the permanent and total claim was still pending at VA, the board must abate or refund the difference accumulated since the effective date of the claim, up to the previous four years. A veteran whose rating came through in 2026 with a 2023 effective date has a mandatory four-year look-back, not a request. Once granted, the exemption does not need to be reclaimed. If the director of equalization determines the veteran qualifies, the veteran keeps it until the property is transferred, the veteran stops occupying the dwelling, or the use changes. A change to the legal description does not end it so long as the veteran still lives there. The property has to carry the owner-occupied classification under 10-13-39 to 10-13-40.4, so the exemption and that classification move together. A veteran who loses owner-occupied status loses this exemption with it.

Thresholds

Thresholds for South Dakota Disabled Veteran Property Tax Exemption
GateRule
Rated permanently and totally disabledSection 10-4-40 requires a veteran "rated as permanently and totally disabled from a service-connected disability". One route is a service-connected rating that VA has made both total and permanent.
Permanence is part of the test, not an extraThe section says "permanently and totally disabled". A total rating VA has not found permanent does not satisfy it, which is why this catalog does not treat a bare 100 percent as enough.
Permanent unemployability is the other routeA veteran paid at the total rate through individual unemployability meets "totally disabled" where VA has also found the condition permanent.
Permanence on the unemployability route tooUnemployability qualifies on this route when VA has found it permanent.
Owned, occupied, and classified owner-occupiedThe dwelling must be owned and occupied by the veteran and classified as owner-occupied under 10-13-39 to 10-13-40.4. The exemption follows that classification, so losing it ends the exemption.
November 1, to the county assessor, confidentiallyThe application goes to the local county assessor on a form prescribed by the secretary of revenue by November 1. The application and every supporting document are confidential by statute.
A pending claim gets a mandatory four-year look-backWhere the veteran met every requirement except the deadline because the permanent and total claim was pending at VA, House Bill 1193 of 2026 requires the county commissioners to abate or refund back to the effective date of the claim, not exceeding four years. The ordinary late-application route in the same section is discretionary.

Sources

Legislation

Law the tracker is watching for this entry. See the legislation tracker for every jurisdiction.

Ch. 40, L. 2026 (House Bill 1193) Made a four-year refund mandatory where a permanent and total claim was still pending at VA

Catalog reconciledEnactedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Requires a four-year refund where a permanent and total claim was still pending at VA when the deadline passed.

Amended 10-4-40 to provide that where a veteran meets every eligibility requirement for the disabled veteran exemption except the application deadline because a permanent and total disability claim is pending at the United States Department of Veterans Affairs, the board of county commissioners must abate or refund the difference in taxes accumulated since the effective date of the claim, not exceeding the previous four years. The word is "must", where the neighbouring late-application paragraph says "may". Also amended 10-4-41 for surviving spouses, but without the mandatory limb, so the two sections now differ. Tracked because a veteran whose rating arrives years after the effective date has an entitlement rather than a request, and no summary of the program yet says so.

Sponsors

  • Amber HulseRepublican, Senate, District 30
  • Tony RandolphRepublican, House, District 35

And 8 co-sponsors

Touches SDCL § 10-4-40 · SDCL § 10-4-41

Official record

Ch. 34, L. 2024 (House Bill 1082) Raised the disabled veteran property tax exemption from $150,000 to $200,000 and dropped the inflation escalator

Catalog reconciledEnactedFigure moved

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands and restricts Raised the exempt value from $150,000 to $200,000 but dropped the inflation escalator.

Amended 10-4-40 and 10-4-41 to raise the exempt full and true value from one hundred fifty thousand dollars to two hundred thousand, and amended 10-6-154 so the annual assessment notice names the veteran exemptions. Tracked for what did not survive as much as for what did: the bill as introduced said two hundred fifty thousand and added an annual consumer price index escalator beginning January 1, 2025. The House Military and Veterans Affairs committee struck the "fifty" and the Senate Taxation committee struck the escalator, so the figure is a flat $200,000 that does not index. Guidance quoting $250,000, or describing the exemption as inflation-adjusted, is describing the introduced bill rather than the law, and guidance still quoting $150,000 predates the act.

Sponsors

  • Ryan MaherRepublican, Senate, District 28
  • Neal PinnowRepublican, House, District 28B

And 22 co-sponsors

Touches SDCL § 10-4-40 · SDCL § 10-4-41 · SDCL § 10-6-154

Official record

Updated

Last updated .

Request an update

Out of date, a broken link, or something else wrong? Say what you found, and an editor checks it against the official source.

Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.