Laws redefining agricultural land heads to Gov. Noem’s desk after Senate approval | Farm Discussion board



Laws that will change the definition of agricultural land for tax functions will head to Gov. Kristi Noem’s desk for signing, however not with out reservations from some senators.

Home Invoice 1085 adjustments the tax code in order that land could possibly be categorised as agricultural — and obtain any ensuing tax breaks — if its “principal use” is agricultural. Moreover, in three of the previous 5 years, the landowner will need to have obtained an annual gross revenue of no less than $2,500 from the “pursuit of agriculture.”

Beneath present statute, land is agricultural if the gross revenue derived from agriculture is “no less than 10% of the taxable valuation of the naked land assessed as agricultural property.”

The laws handed with 28 senators in favor and 7 opposed.

Home Invoice 1085 will “guarantee that agricultural land actually is assessed as agricultural land for tax functions,” Sen. Mary Duvall, R-Pierre, stated Monday on the Senate flooring. “It seeks to simplify for each tax payers and for administrators of equalization.”

Nonetheless, simplicity in tax code doesn’t come straightforward. Home Invoice 1085 has undergone amendments in each Home and Senate taxation committees, did not go throughout its first stint on the Home flooring, confronted a subsequent vote to rethink and obtained final passage within the Home after a last-minute Home flooring modification.

Moreover, Sen. David Johnson, R-Speedy Metropolis, famous that some tree farms can be overlooked of the agricultural definition with this invoice.

“There isn’t a voice out right here for forested lands,” Johnson stated. “We want a greater, extra complete and unfettered statewide overview of ag classification.”

Harvest on personal tree farms “happens about as soon as each 20 to 25 years,” which might make it tough for some notably small tree farms to fulfill an revenue requirement of $2,500 in three of the previous 5 years, in line with Invoice Coburn, chairperson of the South Dakota Household Forest Affiliation.

Whereas farms that don’t meet the revenue requirement can nonetheless be categorised as agricultural in the event that they meet minimal acre necessities set by particular person counties, some farmers that testified on Feb. 24 through the Senate Taxation Committee assembly famous that their land parcels can be too small to fulfill these county necessities.

Home Invoice 1085’s final cease can be Noem’s workplace for ultimate approval.



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