# S.D. Codified Laws § 61-1-3: Employing unit defined

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-3

## Section

- **Citation:** S.D. Codified Laws § 61-1-3
- **Heading:** Employing unit defined
- **Jurisdiction:** South Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SD Code / Title 61 / Chapter 1 / Section 61-1-3

## Text

As used in this title, the term, employing unit, means an individual or type of organization, including any partnership, limited liability company, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, which has had in its employ one or more individuals performing services for it within this state. Each individual performing services within this state for any employing unit which maintains two or more separate establishments within this state is deemed to be employed by a single employing unit for all the purposes of this title. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit is deemed to be employed by the employing unit for all the purposes of this title, whether the individual was hired or paid directly by the employing unit or by the agent or employee, if the employing unit had actual or constructive knowledge of the work.

For purposes of this title, an employing unit includes a common paymaster. As used in this section, the term, common paymaster, means a business entity that disburses remuneration to employees of two or more business entities on behalf of the other business entities and is responsible for keeping books and records for the payroll with respect to the employees. The amount disbursed to an individual employed concurrently by two or more related business entities is determined by 26 U.S.C. § 3306(p) as of January 1, 2022. The department shall promulgate rules pursuant to chapter 1-26 to determine when a common paymaster relationship exists between business entities.

Source: SDC 1939, § 17.0802 (5); SL 1939, ch. 85; SL 1943, ch 77, § 1; SL 1994, ch 351, § 166; SL 2008, ch 277, § 2; SL 2022, ch 189, § 1.

## Nearby sections

- [S.D. Codified Laws § 61-1-1 Definition of terms](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-1.md)
- [S.D. Codified Laws § 61-1-2 Department to administer title](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-2.md)
- [S.D. Codified Laws § 61-1-3 Employing unit defined](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-3.md)
- [S.D. Codified Laws § 61-1-4 Employer defined](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-4.md)
- [S.D. Codified Laws § 61-1-5 Successor employers subject to coverage](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-5.md)
- [S.D. Codified Laws § 61-1-5.1 Combined payrolls of predecessor and successor qualifying for coverage](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-5.1.md)
- [S.D. Codified Laws § 61-1-6 Employer subject to coverage by addition of another employing unit](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-6.md)
- [S.D. Codified Laws § 61-1-7 Extension of coverage to employment taxed under federal law](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-7.md)
- [S.D. Codified Laws § 61-1-8 Required coverage continues until terminated by law](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-8.md)
- [S.D. Codified Laws § 61-1-9 Elective coverage continues for period of election](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-9.md)
- [S.D. Codified Laws § 61-1-10 Employment defined](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-10.md)
- [S.D. Codified Laws § 61-1-11 Employee and independent contractor distinguished](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-11.md)
- [S.D. Codified Laws § 61-1-12 Agent-drivers, commission-drivers, and salesmen included](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-12.md)
- [S.D. Codified Laws § 61-1-13 Employment by state or instrumentalities included](https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-13.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SD_T61_C1_S61-1-3. Check the current official text before relying on it. Not legal advice.