reglab/housing_qa huggingface dataset:
SC Code § 12-6-4970 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-4970. Time to file returns.

 (A) Returns of taxpayers, except as otherwise provided, must be filed on or before the fifteenth day of the fourth month following the taxable year.  (B)(1) Returns of "S" corporations and partnerships must be filed on or before the fifteenth day of the third month following the taxable year.  (2) Returns for foreign corporations that do not maintain an office or place of business in the United States must be filed on or before the fifteenth day of the sixth month following the taxable year.  (C) Returns of organizations exempt under Internal Revenue Code Section 501 reporting unrelated business income pursuant to Section 12-6-4910(8), must be filed on or before the fifteenth day of the fifth month following the taxable year.  (D) Information returns provided in Section 12-6-4950 must be filed on or before March 15 of each year.  (E) Returns filed electronically have the same due dates as provided in this section.  HISTORY: 1995 Act No. 76, Section 1; 1998 Act No. 432, Section 5; 2016 Act No. 160 (H.4328), Section 4.A, eff April 21, 2016.  Editor's Note  2016 Act No. 160, Section 4.E, provides as follows:  "E. This SECTION takes effect upon approval by the Governor and first applies to tax years beginning after 2015."  Effect of Amendment  2016 Act No. 160, Section 4.A, in (B), added the paragraph identifiers, and in (1), substituted "'S' corporations and partnerships" for "corporations".
SC Code § 12-6-4980 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-4980. Extension of time for filing return.

 (A) The department may allow an extension of time not to exceed six months for filing returns under this chapter or the annual report under Chapter 20 of this title. A taxpayer requesting an extension of time for filing, on or before the date the return or annual report is due, shall submit a tentative return and pay the full amount of the tax and license fee due.  (B) When a taxpayer is not required to make a payment of tax at the time of the extension, and the taxpayer has been granted an extension of time to file a federal income tax return, the taxpayer is not required to apply to the department for an extension of time to file the South Carolina return. The department shall accept a copy, if applicable, of a properly filed federal extension attached to the South Carolina return when filed. Taxes shown to be due on a return required pursuant to this chapter must be paid at the time the return is due to be filed, without regard to an extension of time granted for filing the return.  (C) An extension must not be granted to a taxpayer who has been granted an extension for a previous period and has not fulfilled the requirements of the previous period.  HISTORY: 1995 Act No. 76, Section 1; 2002 Act No. 334, Section 8B, eff June 24, 2002; 2002 Act No. 363, Section 1C, eff August 2, 2002; 2007 Act No. 110, Section 18, eff June 21, 2007; 2007 Act No. 116, Section 24, eff June 28, 2007.
SC Code § 12-6-4990 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-4990. Payment of tax due upon filing return; effect of extension; requirement of making estimated tax payment.

 When an income tax return is required under this chapter, the taxpayer shall pay the tax due with the return to the department at the time for filing the return determined without regard to any extensions of time for the filing. Nothing in this section eliminates the requirement for making estimated tax payments as provided in Article 29 of this chapter.  HISTORY: 1995 Act No. 76, Section 1.
SC Code § 12-6-5000 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5000. Filing of separate or joint federal returns by husband and wife; same status required on state return; nonresidents; where no federal return filed.

 (A) If the federal taxable income of a husband and wife are determined on separate federal returns, their South Carolina taxable income must be separately reported and taxed.  (B) If both a husband and wife are residents, and if their federal taxable income is determined on a joint federal return, their South Carolina taxable income must be reported and taxed on the basis of a joint South Carolina income tax return.  (C)(1) If both husband and wife are nonresidents or if the husband or wife is a resident and the other is a nonresident, and if their federal taxable income is determined on a joint federal return, their South Carolina taxable income must be reported and taxed on the basis of a joint South Carolina income tax return except as provided in subitem (2).  (2) If a nonresident taxpayer is a resident of a state which does not allow a resident of South Carolina to file a joint return with a spouse, the nonresident taxpayer shall file a separate South Carolina income tax return from the spouse. The nonresident taxpayer shall calculate taxable income on a federal return as a married person filing separately to determine how the separate federal taxable income is calculated.  (D) If neither a husband nor wife files a federal return, their South Carolina taxable income must be determined on a separate basis unless both elect to have their South Carolina taxable income determined on a joint basis by filing a joint South Carolina tax return.  HISTORY: 1995 Act No. 76, Section 1.
SC Code § 12-6-5010 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5010. Release of claim to personal exemption by custodial parent.

 If a custodial parent releases claim to the personal exemption authorized in Internal Revenue Code Section 152, then the noncustodial parent's South Carolina income tax return must include a copy of the written declaration of the custodial spouse releasing the exemption as provided in Internal Revenue Code Section 152(e)(2).  HISTORY: 1995 Act No. 76, Section 1.
SC Code § 12-6-5020 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5020. Authorized filing of consolidated corporate income tax return; terms and conditions.

 (A) A consolidated return may be filed for the following corporations:  (1) a parent and substantially controlled subsidiary or subsidiaries;  (2) two or more corporations under substantially the entire control of the same interest.  However, a corporation that has elected to be taxed under Subchapter S of the Internal Revenue Code may not join in the filing of a consolidated income tax return under this section.  The terms "substantially controlled" and "substantially the entire control" mean the ownership of at least eighty percent of the total combined voting power of all classes of stock of all corporations that are a party to a consolidated return.  (B) All corporations included in a consolidated return must be subject to tax under Section 12-6-530.  (C) A corporation doing business entirely within this State may consolidate with a corporation doing a multistate business. Two or more corporations doing a multistate business may file a consolidated return.  (D) A consolidated return means a single return for two or more corporations in which income or loss is separately determined as follows:  (1) South Carolina taxable income or loss is computed separately for each corporation;  (2) allocable income is allocated separately for each corporation;  (3) apportionable income or loss is computed utilizing separate apportionment factors for each corporation;  (4) income or loss computed in accordance with items (1) through (3) of this subsection is combined and reported on a single return for the controlled group.  (E) All corporations included in a consolidated return or a combined return must use the same accounting year.  (F) If a corporation which files or is required to file a consolidated return is entitled to one or more income tax credits, including the carryover of unused credits from prior years, the income tax credits must be determined on a consolidated basis. Limitations on credits which refer to the income or the income tax liability of a corporation are deemed to refer to the income or income tax liability of the consolidated group, and credits shall reduce the consolidated group's tax liability regardless of whether or not the corporation entitled to the credit contributed to the tax liability or of the consolidated group.  (G) The election to file a consolidated return or separate returns must be made on an original and timely return and may not be changed after the return is filed.  (H) Once an election is made to file a consolidated return, this election must be adhered to until permission is granted by the department to file separate returns.  HISTORY: 1995 Act No. 76, Section 1; 2003 Act No. 69, Section 3.S, eff June 18, 2003; 2005 Act No. 145, Section 17.A, eff June 7, 2005.  Editor's Note  2005 Act No. 145, Section 17.B, provides as follows:  "Section 12-6-5020(F), as amended by this section, applies for taxable years beginning after 2004."
SC Code § 12-6-5050 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5050. Tax preparer's taxpayer identification number.

 A person who is an income tax preparer as defined in Internal Revenue Code Section 7701(a)(36) and who performs the same services with respect to South Carolina income tax returns or claims for refund shall include with his signature on the South Carolina return or claim for refund his taxpayer identification number as prescribed by Internal Revenue Code Section 6109 and applicable regulations.  Failure to comply with the provisions of this section results in a penalty as provided in Section 12-54-47.  HISTORY: 1995 Act No. 76, Section 1.
SC Code § 12-6-5095 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5095. Rounding to nearest whole dollar on tax returns.

 For purposes of a return filed pursuant to this chapter, all amounts may be rounded by the department or the taxpayer to the nearest whole dollar. An amount of fifty cents or more may be rounded to the next dollar. An amount of less than fifty cents may be eliminated.  HISTORY: 2000 Act No. 399, Section 3(E), eff August 17, 2000.  Editor's Note  2000 Act No. 399, Section 3.Z., provides, in pertinent part, as follows:  "This section takes effect upon approval by the Governor, or as otherwise stated, except that ... subsection E. applies to returns filed after December 31, 1999 ...."
SC Code § 12-6-5510 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5510. Certificate of compliance as prima facie evidence.

 A certificate of compliance from the department to the effect that a tax has been paid, that a return has been filed, or that information has been supplied as required by the provisions of this chapter is prima facie evidence that the tax has been paid, that the return has been filed, or that the information has been supplied.  HISTORY: 1995 Act No. 76, Section 1.
SC Code § 12-6-5520 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5520. Notification to domestic or foreign corporation of failure to file return; penalty upon continued failure to comply.

 (A) The department shall notify a domestic or foreign corporation, as defined in Section 12-20-10(3) and (4), of its failure to comply with the provisions of this chapter and Chapter 20 of this title requiring the filing of returns. If the corporation fails to file the required return within sixty days of the notice, the department may provide the taxpayer's name to the Secretary of State. The department may not make an estimated assessment or issue any warrant based on an estimated assessment against a taxpayer prior to referring such taxpayer to the Secretary of State for administrative dissolution or revocation.  (B) After referral from the department, the Secretary of State shall administratively dissolve a domestic corporation or revoke a foreign corporation's authority to transact business in this State.  HISTORY: 1995 Act No. 76, Section 1.
SC Code § 12-6-5530 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5530. Income taxes payable by check; taxpayer liable for tax and penalties when check dishonored by bank.

 Income taxes may be paid with an uncertified check, but if a check is not paid by the bank on which it is drawn, the taxpayer remains liable for the payment of the tax and for all legal penalties as if the check had not been tendered.  HISTORY: 1995 Act No. 76, Section 1.
SC Code § 12-6-5540 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5540. Copies of returns; verification of information on returns.

 The department may require a taxpayer to provide copies of returns filed with the Internal Revenue Service and verify the information contained on the returns.  HISTORY: 1995 Act No. 76, Section 1.
SC Code § 12-6-5550 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5550. State income tax refund as belonging to surviving spouse.

 (A) A federal or state income tax overpayment due to a person who is deceased at the time of the refund is the sole and separate property of the surviving spouse irrespective of the deceased's filing status on the return.  (B) A refund by the United States or any state directly to the surviving spouse operates as a complete acquittal and discharge of liability from suit, claim, or demand of any nature by any heir, distributee, or creditor of the decedent, or by any other person.  HISTORY: 1995 Act No. 76, Section 1; 1998 Act No. 432, Section 6.
SC Code § 12-6-5570 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5570. Authority to make expenditures.

 The department, with the approval of the State Fiscal Accountability Authority, may expend from the revenue collected under this chapter additional money necessary to ensure the adequate administration and enforcement of this chapter.  HISTORY: 1995 Act No. 76, Section 1.  Code Commissioner's Note  At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
SC Code § 12-6-5580 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5580. Failure to do an act deemed committed in person's county of residence.

 The failure to do an act required by or under the provisions of this chapter is deemed an act committed in the county of residence of the person failing to do the act.  HISTORY: 1995 Act No. 76, Section 1.
SC Code § 12-6-5590 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5590. Donative intent; requirements; determining factors.

 (A) No credit under Section 12-6-3515 or deduction under Section 170 of the Internal Revenue Code and Section 12-6-1130(12) shall be allowed for a contribution unless the donor has the donative intent required by Section 170 of the Internal Revenue Code and the regulations and cases interpreting Section 170 of the Internal Revenue Code.  (B) In addition to the donative intent required by Section 170 of the Internal Revenue Code, no credit under Section 12-6-3515 or deduction under Section 170 of the Internal Revenue Code and Section 12-6-1130(12) shall be allowed for any noncash charitable contribution in the claimed amount of $100,000.00 or more unless the donor has the requisite donative intent required by this section.  (C) The requisite donative intent includes the requirement that the donor be motivated by detached and disinterested generosity benefiting a charitable purpose rather than expected economic benefit.  (D) A noncash charitable contribution by a donor given to comply with any state or federal environmental or other regulatory requirement; for the purpose of obtaining road, water, or sewer services; or in conjunction with obtaining a grant, subdivision, building, zoning, environmental, mitigation, or similar permit or approval from any government, shall be deemed not to have the requisite donative intent absent extraordinary circumstances.  (E) The department shall examine the substance, rather than merely the form, of the contribution and related and surrounding transactions, and may use the step transaction, economic reality, quid pro quo, personal benefit, and other judicially developed doctrines in determining whether the requisite donative intent is present.  HISTORY: 2005 Act No. 145, Section 43.D, eff June 7, 2005; 2006 Act No. 386, Section 31, eff June 14, 2006.
SC Code § 12-6-5595 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5595. Timber deeds as real property conveyances.

 For purposes of the nonrecognition of gain under Section 1031 of the Internal Revenue Code and comparable provisions of state law, the conveyance by timber deed of the right to cut standing timber for a period of time exceeding thirty years is considered a conveyance of a real property interest, and as such, under the laws of this State, is a like-kind exchange with other similar conveyances of a real property interest or with conveyances of similar investment real property owned in fee simple.  HISTORY: 2006 Act No. 248, Section 1, eff March 17, 2006.
SC Code § 12-6-5600 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 6 - South Carolina Income Tax Act|Section 12-6-5600. Residency of individuals and businesses; boundary clarification.

 For South Carolina income tax purposes:  (A) An individual whose state of residency changes as a result of the boundary clarification from North Carolina to South Carolina or from South Carolina to North Carolina, as contained in the amendments to Section 1-1-10, effective January 1, 2017, must be treated as though the individual moved to or from South Carolina on January 1, 2017.  (B) For businesses whose property location changes from North Carolina to South Carolina or from South Carolina to North Carolina as a result of boundary clarification, for income tax purposes, the property is treated as though the property moved into or out of South Carolina on January 1, 2017.  HISTORY: 2016 Act No. 270 (S.667), Section 7, eff January 1, 2017.
SC Code § 12-8-10 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 8 - Income Tax Withholding|Section 12-8-10. Definitions.

 As used in this chapter unless otherwise required by the context:  (1) "Person" includes an individual, trust, estate, partnership, receiver, association, company, corporation, or any other entity including the United States, a state, a political subdivision or agency of the United States or any state, and a municipality located in this State.  (2) "Withholding agent" means a person required to withhold income taxes under the provisions of this chapter.  (3) "Employee" includes a resident individual receiving wages, as defined in Section 12-8-520(D), for services regardless of where the services are rendered and nonresident individual receiving wages, as defined in Section 12-8-520(D), for services rendered in this State.  (4) "Employer" means the person for whom an individual performs or performed a service, of whatever nature, as the employee of the person.  (5) "Nonresident" means an individual domiciled outside this State and an entity whose principal place of business is outside of this State. For corporations, principal place of business is defined in Section 12-6-30(9). This definition does not apply to Section 12-8-580.  (6) "Internal Revenue Code" means the Internal Revenue Code as defined in Section 12-6-40(A).  (7) All definitions provided in Chapter 6 of this title are applicable for purposes of this chapter unless otherwise provided or required by the context.  HISTORY: 1995 Act No. 76, Section 2.
SC Code § 12-8-510 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 8 - Income Tax Withholding|Section 12-8-510. Parties subject to withholding laws.

 A person located, doing business, or having gross income in this State and an employer having an employee earning income within this State are subject to the withholding laws provided in this chapter.  HISTORY: 1995 Act No. 76, Section 2.
SC Code § 12-8-530 (2021)
2021 South Carolina Code of Laws|Title 12 - Taxation|Chapter 8 - Income Tax Withholding|Section 12-8-530. Withholding on cash prizes or winnings; noncash prizes; exception for spectator sporting events where admission charged.

 (A) A person distributing prizes or winnings to a resident or nonresident of five hundred dollars or more shall withhold seven percent of each distribution made to an individual, partnership, trust, or estate and five percent of each distribution made to a corporation or other entity.  (B) When withholding on noncash prizes, the person distributing the prize may either:  (1) accept cash from the prize recipient for the amount of the withholding; or  (2) pay all taxes required to be withheld. If this subitem is used, the withholding also becomes income for the prize recipient and the amount to be withheld is calculated as follows:  (a) for individuals, partnerships, trusts, or estates, the fair market value of the prize is divided by .93 and the quotient is multiplied by .07;  (b) for corporations, the fair market value of the prize is divided by .95 and the quotient is multiplied by .05.  (C) This section does not apply to payments of prizes or winnings given to participants in spectator sporting events for which an admission is charged.  HISTORY: 1995 Act No. 76, Section 2.