reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 11 - SALES AND USE TAX REGULATIONS › Section 117-337.1 - "Eligible Food" Defined

Current through Register Vol. 48, No. 6, June 28, 2024
For purposes of this regulation, the term "eligible food" is
				food eligible for the exemption under Code Section
				12-36-2120(75)
				 that will be defined to include and exclude
				the following:
(A) Foods eligible for
			 the exemption under Code Section
			 12-36-2120(75)
			  include:
(1) Any food intended to be eaten at home by
			 people, including snacks, beverages and seasonings;
(2) Seeds and plants intended to grow food
			 (not birdseed or seeds to grow flowers); and
(3) Cold items, which may include salads or
			 sandwiches, intended to be eaten at home by people and that are not considered
			 "prepared meals or food" as discussed below.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 11 - SALES AND USE TAX REGULATIONS › Section 117-337.5 - Local Taxes

Current through Register Vol. 48, No. 6, June 28, 2024
The exemption in Code Section
				12-36-2120(75)
				 for "unprepared food that lawfully may be
				purchased with United States Department of Agriculture food coupons" does not
				apply to local sales and use taxes that are administered and collected by the
				Department on behalf of the counties and other jurisdictions, unless the local
				tax law specifically exempts the sales of such unprepared food.
This regulation is not applicable to any local tax administered
				and collected by a local jurisdiction.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 11 - SALES AND USE TAX REGULATIONS › Section 117-337.6 - Records

Current through Register Vol. 48, No. 6, June 28, 2024
The seller of "eligible food" exempt from the state sales and
				use tax under Code Section
				12-36-2120(75)
				 shall maintain sufficient documentation to
				substantiate that a sale qualifies for the exemption from the state sales and
				use tax, using any method of recording that properly reflects all purchases and
				sales of such items.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 9 - TAXABLE INCOME CALCULATION › Section 117-620.1 - Legal Residence When Domiciled in a Foreign Country

Current through Register Vol. 48, No. 6, June 28, 2024
Where it can be shown that an individual has become domiciled
				  in a foreign country and, therefore, no longer a resident of this state and has
				  severed all connections with this state and has clearly shown his or her
				  intention to reside abroad permanently with no intention of returning to South
				  Carolina, such individual is not subject to the income tax laws of this
				  state.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 9 - TAXABLE INCOME CALCULATION › Section 117-640.2 - Legal Residence When Military Personnel is Domiciled in a Foreign Country

Current through Register Vol. 48, No. 6, June 28, 2024
The Soldiers' and Sailors' Civil Relief Act protects the
				  rights of U.S. Armed Forces personnel, restricting the servicemember's
				  liability for state income tax to his or her state of domicile. Domicile is
				  defined legally as "that place where a man has his true, fixed, and permanent
				  home and principal establishment and to which, whenever he is absent therefrom,
				  he has the intention of returning". A residence, on the other hand, generally
				  is defined as a "factual place of abode" at a particular time.
A member of the armed forces who entered military service
				  while domiciled in this state will be presumed to be a resident of South
				  Carolina, for tax purposes, unless the servicemember submits evidence that he
				  or she has established legal residence in another state and abandoned domicile
				  in this state.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 9 - TAXABLE INCOME CALCULATION › Section 117-640.3 - National Guard or Reserve Pension or Retirement Income

Current through Register Vol. 48, No. 6, June 28, 2024
That portion of pension or retirement income received by
				  retired service personnel, residents of this State, that can be attributed to
				  time served in the National Guard or Reserve components of the Armed Forces of
				  the United States, is not taxable.
The non-taxable portion is determined by using a ratio of the
				  time actually served in the National Guard or Reserve to the total time spent
				  in military service, times total yearly pension or
				  retirement.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 9 - TAXABLE INCOME CALCULATION › Section 117-670 - Reporting Final Income When Planning to Cease Doing Business in State

Current through Register Vol. 48, No. 6, June 28, 2024
A taxpayer planning to cease doing business in this State by
				  the incorporation of an existing business or, in the case of a corporate
				  taxpayer other than a subsidiary corporation, by the dissolution or surrender
				  of its Charter, shall make a complete accounting of all items of income and
				  expense not previously taken into account because the accounting method used by
				  the taxpayer did not require the reporting of the items.
An individual taxpayer shall report all items of such income
				  in his personal return for the year of incorporation. A corporate taxpayer
				  shall report all items of such income in its final return.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 17 - ALLOCATION AND APPORTIONMENT › Section 117-700.1 - Definition of Related Expense as Used for Allocation

Current through Register Vol. 48, No. 6, June 28, 2024
The term "related expenses" as used in Section
				  12-6-2220
				  means any cost incurred, directly or indirectly, in connection with investments
				  for the production of income or future income which is or will be specifically
				  and directly allocable under this section or costs incurred in the acquisition,
				  sale or exchange of real, tangible or intangible property.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 17 - ALLOCATION AND APPORTIONMENT › Section 117-705.1 - Allocation of Out-of-State Income and Losses

Current through Register Vol. 48, No. 6, June 28, 2024
Income or loss realized by resident individuals or
				  partnerships from an established business, or from the lease or rental of
				  tangible personal property or real property, the situs of which is in another
				  state, shall be allocated to the state in which the business or property is
				  located. Except, income of a resident individual or partnership, derived from
				  personal services, is allocated to this State as provided in Section
				  12-6-2220(6).
However, in the case of a resident individual or partnership,
				  conducting a business of a unitary or homogenous nature, partly within and
				  partly without this State, such income or loss is apportioned in accordance
				  with the provisions of Sections
				  12-6-2250
				  through
				  12-6-3360.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 17 - ALLOCATION AND APPORTIONMENT › Section 117-705.2 - Personal Service Income of a Resident

Current through Register Vol. 48, No. 6, June 28, 2024
Income received by a dentist, doctor, lawyer, architect, or
				  other professional domiciled in the State of South Carolina is income from
				  personal services and is subject to South Carolina income taxes, even though
				  such services are performed in another state, and even though the professional
				  has an office located in such other state.
A tax credit may be allowed as provided in Regulation
				  117-755.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 17 - ALLOCATION AND APPORTIONMENT › Section 117-710.1 - Proper Allocation and Apportionment of Income

Current through Register Vol. 48, No. 6, June 28, 2024
The phrase "transacting or conducting his business partly
				  within and partly without this State" as used in Section
				  12-6-2210,
				  is applicable to a single business operation, which is unitary or homogenous
				  and is carried on both within and without the State. A taxpayer operating two
				  or more unrelated businesses, each of which is entirely within and without the
				  State, is not subject to the provisions of this section, but each business
				  determines its South Carolina net income separately. A taxpayer operating a
				  unitary or homogenous business within and without the State and an unrelated
				  business either entirely within or without is subject to the apportionment
				  formulas with respect to the unitary or homogenous business but not with
				  respect to the unrelated business. The income from the unrelated business is
				  allocated and apportioned separately as appropriate to the State where such
				  business is conducted.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 17 - ALLOCATION AND APPORTIONMENT › Section 117-740.1 - Apportionment of Gains/Losses from Asset Retirement

Current through Register Vol. 48, No. 6, June 28, 2024
Any taxpayer electing the non-recognition of gains or losses
				  realized upon the normal retirement of assets from productive use in the
				  taxpayer's trade or business pursuant to IRS Regulation Regulation1.167(a)-8,
				  in effect on December 31, 1975, shall remove all such dispositions from the
				  denominator of the property factor and, if the property disposed of had a situs
				  in this State, from the numerator of the property factor in computing the
				  property ratio for the purposes of the three factor apportionment formula (with
				  a double weighted sales factor) prescribed by Section
				  12-6-2250.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 25 - CREDITS › Section 117-750.1 - "Facility" Defined

Current through Register Vol. 48, No. 6, June 28, 2024
A "facility" is generally a single physical location, where a
				  taxpayer's business is conducted or where its services or industrial operations
				  are performed. Where two or more distinct and separate economic activities are
				  performed at a single physical location, each separate economic activity will
				  be treated as a separate facility when: (1) each activity has its own separate
				  and dedicated personnel; (2) separate reports can be prepared on the numbers of
				  employees, their wages and salaries, sales, or receipts and expenses; (3) and
				  employment and output are significant as to the activity. For purposes of item
				  (2) above, it is irrelevant if separate reports are actually prepared, so long
				  as separate reports can be prepared, this criteria is met.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 25 - CREDITS › Section 117-755.1 - Credit for Taxes Paid to a Political Subdivision of a State

Current through Register Vol. 48, No. 6, June 28, 2024
The tax credit granted in Code Section
				  12-6-3400
				  to a resident individual of South Carolina for taxes paid to another state
				  subject to South Carolina income tax is granted to a resident individual of
				  South Carolina for taxes paid to a political subdivision of a state and
				  computed in the manner provided in Code Section
				  12-6-3400.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 25 - CREDITS › Section 117-755.2 - Tax Credit to Residents of this State Upon Income from a Partnership Taxed in Another State

Current through Register Vol. 48, No. 6, June 28, 2024
Where an individual resident of this State is a partner of a
				  partnership rendering personal services in South Carolina and another State,
				  the distributive share of the partnership income received by the resident
				  partner is taxable in this State. The resident partner is allowed the tax
				  credit provided in Section
				  12-6-3400.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 37 - TAX RETURNS › Section 117-850.1 - Income Tax Forms and Acceptable Reproductions

Current through Register Vol. 48, No. 6, June 28, 2024
All income tax returns required to be filed must be made on
				  prepared blank forms furnished by the Department or on substitute forms which
				  are provided for as follows:
1.
				Reproduced or computer prepared forms must conform to the standards issued by
				the forms management section of the Department.
2. The Department reserves the right to
				reject any reproduction or computer prepared form.
3. Returns made on forms that do not conform
				to Department standards will not be accepted and will be returned to the
				taxpayer and the taxpayer will be deemed to have failed to file a
				return.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 37 - TAX RETURNS › Section 117-850.2 - Rules and Specifications for Non paper Methods of Submitting Tax Information

Current through Register Vol. 48, No. 6, June 28, 2024
The specifications for submitting tax information using non
				  paper methods must conform to the standards published by the section of the
				  Department overseeing these methods. The Department reserves the right to
				  reject the use any non paper reporting method.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 37 - TAX RETURNS › Section 117-855.1 - Withholding Statements Required with Paper Return

Current through Register Vol. 48, No. 6, June 28, 2024
The copy of the withholding statement furnished to the
				  employee by the employer, as required under Section
				  12-8-1540,
				  designated for attachment to the employee's income tax return, must be attached
				  to the income tax return of the employee if the employee files a paper return.
				  A copy of Form 1099 or other information return reflecting South Carolina
				  withholding must be attached to the income tax return of the taxpayer if the
				  taxpayer files a paper return. Failure to comply may result in the disallowance
				  of the withholding claimed.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 37 - TAX RETURNS › Section 117-855.2 - Information Returns Not Required To Be Given To Certain Entities

Current through Register Vol. 48, No. 6, June 28, 2024
Information returns required under Section
				  12-6-4950, do
				  not apply to payments made to banks or to any organization exempt from South
				  Carolina income tax, under Section
				  12-6-550.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 37 - TAX RETURNS › Section 117-870.1 - Stockholders Liable for Tax When Business Operates After Charter Cancelled

Current through Register Vol. 48, No. 6, June 28, 2024
When a business continues operating, after cancellation of
				  the corporation charter as a result of non-payment of license fee, the
				  stockholders are required to file a Partnership Return, and each
				  stockholder/partner is liable for income tax on his or her individual share of
				  the profits, as provided in Section
				  12-6-510.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 37 - TAX RETURNS › Section 117-870.2 - Reporting Final Income When Planning to Cease Doing Business in State

Current through Register Vol. 48, No. 6, June 28, 2024
A taxpayer planning to cease doing business in this State by
				  the incorporation of an existing business or, in the case of a corporate
				  taxpayer other than a subsidiary corporation, by the dissolution or surrender
				  of its Charter, shall report all items of income as described in Regulation
				  117-670.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 12 - INCOME TAX › Subarticle 37 - TAX RETURNS › Section 117-875 - Voluntary Income Tax Check Off Funds

Current through Register Vol. 48, No. 6, June 28, 2024
All voluntary contributions designated on the individual
				  income tax return, as provided by law, are determined at least annually by the
				  Department. The total amount shall be credited to the appropriate check off
				  fund at the earliest possible time.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 18 - WITHHOLDING › Subarticle 5 - WITHHOLDING REQUIRED › Section 117-910.1 - Determination of Withholding When Receiving Taxable Wages and Exempt Compensation

Current through Register Vol. 48, No. 6, June 28, 2024
A particular employee may receive wages subject to
				  withholding and also remuneration that is exempt from withholding. In such a
				  case all remuneration paid during the payroll period is treated alike; that is,
				  it is all treated as wages on which withholding is required, or it is all
				  treated as exempt from withholding. The following rules apply:
(1) If one-half or more of any payroll period
				(not in excess of 31 days) is spent in earning wages subject to withholding,
				then withholding is required on all remuneration paid to the employee
				(including the "exempt" remuneration).
(2) If more than one-half of any payroll
				period (not in excess of 31 days) is spent in earning exempt remuneration
				described in Section
				12-8-520,
				then no withholding is required on any wages paid to the employee.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 20 - CORPORATE LICENSE FEE AND ANNUAL REPORTS › Section 117-1000.1 - What Constitutes an Officer of a Corporation

Current through Register Vol. 48, No. 6, June 28, 2024
An officer of a corporation is a person who by election or
				appointment is empowered to perform official functions of a corporation. By
				official functions is meant any duty devolving a President, Vice-President,
				Treasurer, Assistant Treasurer, Secretary, Assistant Secretary, or other
				officer elected by the Board of Directors.
Where the Board of Directors delegated the power to the
				President to name other officers, such appointees are deemed appointed
				officers.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 20 - CORPORATE LICENSE FEE AND ANNUAL REPORTS › Section 117-1075.1 - Items Included in Gross Receipts

Current through Register Vol. 48, No. 6, June 28, 2024
Gross receipts, as used in Section
				12-20-100,
				include all receipts from operations within the State, and also other profit
				and loss items with a local situs. Intangible income from intangibles used in
				the conduct of the business within this State is included in gross
				receipts.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1200 - Alcoholic Liquor Taxes

Current through Register Vol. 48, No. 6, June 28, 2024
Chapter 33 of Title 12 imposes various taxes on alcoholic
				liquors. The following subsections address various aspects of these taxes as
				administered by the South Carolina Department of Revenue.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1200.1 - Sales to Governmental Reservations

Current through Register Vol. 48, No. 6, June 28, 2024
Any wholesale liquor dealer is permitted to deliver from his
				stock of alcoholic liquors to Officer's Clubs, Canteens, or other such
				organizations located on government reservations when such purchases are
				permitted under the regulations of the Federal Government. Such deliveries by
				wholesalers to be made in a vehicle owned and operated by such wholesaler or by
				a common carrier. The wholesaler will be required to pay the additional taxes
				on wholesale sales as imposed in Sections
				12-33-410
				and
				12-33-420
				as amended.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1200.2 - Purchases by Retail Liquor Dealers

Current through Register Vol. 48, No. 6, June 28, 2024
No retail liquor dealer shall be permitted to purchase any
				alcoholic liquors except from a licensed dealer in this State. The purchase, or
				negotiation for purchase, of alcoholic liquors from without the State by a
				retail dealer is strictly forbidden. No wholesale liquor dealer shall be
				permitted to purchase alcoholic liquors for the exclusive use of any
				retailer.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1200.3 - Collection and Payment of Tax and the Maintaining of Records

Current through Register Vol. 48, No. 6, June 28, 2024
The General Assembly in Section
				12-33-250,
				provided for the collection and payment of the license taxes levied by Sections
				12-33-230
				and
				12-33-240
				in the same manner and under the same conditions as the taxes imposed by
				Sections
				12-33-410
				and
				12-33-460.
				The payment of taxes levied by Sections
				12-33-410
				and
				12-33-460
				is provided for by Section
				12-33-480
				and requires the same on or before the tenth day of the month next succeeding
				the month in which the tax accrues. A report is required on or before the tenth
				of each month on forms prescribed by the Department stating the number of cases
				of alcoholic liquors sold during the preceding month.
The licensed wholesaler must maintain adequate and complete
				records. Such records shall be available for examination and review by the
				Department.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1250 - Beer and Wine Taxes

Current through Register Vol. 48, No. 6, June 28, 2024
Article 7 of Chapter 21 of Title 12 imposes various taxes on
				beer and wine. The following subsections address various aspects of these taxes
				as administered by the South Carolina Department of Revenue.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1250.1 - Sales or Exchanges with Other Wholesalers

Current through Register Vol. 48, No. 6, June 28, 2024
Each wholesale beer and wine dealer shall report all sales
				purchases or exchanges of their products with other wholesale dealers to the
				Department on such forms as may be prescribed by the Department. Such
				information must be reported to the Department along with the wholesale
				dealer's monthly report not later than the 20th day of the month following the
				month in which the sale purchase or exchange occurred. Failure to timely report
				such information in full as provided herein for any reason shall constitute a
				violation of this Regulation for which the Department may suspend or revoke all
				permits held by such dealer or impose a monetary penalty of not less than
				$20.00 nor more than $100.00 upon the holder thereof.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1250.2 - Change in Distributors

Current through Register Vol. 48, No. 6, June 28, 2024
It has been called to the attention of the Department by
				certain members of the General Assembly, who have filed statements thereabout
				with the said Department, that it was not the intention of the South Carolina
				General Assembly in enacting Section
				12-21-1330
				of the 1976 Code to require the filing of the ninety day written notice with
				the Department by manufacturers and wholesalers prior to any change in their
				distributors, or in the territories of their distributors, where both the
				manufacturer and the wholesaler mutually agree in writing to waive the said
				ninety day written notice requirement.
Based upon the aforementioned declaration of legislative intent
				pertaining to the enactment of Section
				12-21-1330,
				the Department, in instances where both the manufacturer affected and the
				wholesaler affected mutually agree in writing to waive the aforesaid ninety day
				notice prior to change in their distributors or in the territory of their
				distributors, will consider the filing of the waiver agreement with the
				Department sufficient compliance with the provisions of said Section
				12-21-1330.
				Until the mutually executed waiver agreement is duly filed with the Department,
				and in form and content acceptable to the Department, the waiver of the notice
				requirements of Section
				12-21-1330
				shall not become effective.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1300 - Coin-operated Devices

Current through Register Vol. 48, No. 6, June 28, 2024
Article 19 of Chapter 21 of Title 12 imposes various taxes on
				coin-operated and other devices as well as the owner of these devices. The
				following subsections address various aspects of these taxes as administered by
				the South Carolina Department of Revenue.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1300.1 - Application for License

Current through Register Vol. 48, No. 6, June 28, 2024
Every person applying for a license under the provisions of
				Section
				12-21-2720
				shall, in making application for such license, specify the serial number, the
				manufacturer's name, the model number and classification, of each machine to be
				licensed. All machines subject to the provisions of Section
				12-21-2720
				must have a permanently attached identifying serial number visible on the
				outside of such machine. This number shall be the manufacturer's serial number
				if such serial number is visible on the outside and if such serial number is
				not visible on the outside, then and in that event, a permanently attached
				identifying serial number must be assigned and affixed to every such
				machine.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1300.2 - Free Play Feature

Current through Register Vol. 48, No. 6, June 28, 2024
The words "which has a free-play feature" shall mean and
				include any machine which is designed and made with such feature by the
				manufacturer of such machine, provided, however, that where the mechanism
				constituting a free-play feature has been completely and wholly removed from
				the machine, and a certificate to that effect is filed at the time of
				application for license, the machine shall be licensed as one without a
				free-play feature.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1400 - Electric Power Tax - Classification of Industrial Customers

Current through Register Vol. 48, No. 6, June 28, 2024
Hereafter, the South Carolina Department of Revenue will use
				Sections 31, 32, and 33 of the North American Industry Classification System
				("NAICS") Manual, as a guide to classify "industrial customers," as such term
				is used in Section
				12-23-10.
Persons engaged in the business of manufacturing, generating
				and selling electric power must furnish to the Department a list, on or before
				January 31 and July 31 of each year, of industrial customers for which an
				exemption is claimed for the preceding periods, June through December and
				January through June, respectively. Such lists must show the name, address, KWH
				consumption and the classification code as provided in the NAICS
				Manual.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1450 - Motor Fuel Tax-LP Gas

Current through Register Vol. 48, No. 6, June 28, 2024
When LP gas is used as a fuel in motor vehicles that are
				operated on the public highways and the amount of LP gas thus used cannot be
				determined using any other method, the following miles per gallon will be used
				for computing taxable gallons on the following specified types of
				vehicles:
(1) Transport tractors that
			 pull trailer type vehicles and trucks with more than two axles--three miles per
			 gallon.
(2) Tank wagons and
			 two-axle vehicles, one ton and over--five miles per gallon.
(3) Trucks less than one ton and passenger
			 vehicles--ten miles per gallon.
The above miles per gallon schedule is to be used to determine
				the tax liability only when LP gas is used from the cargo supply tank to propel
				a vehicle. When a separate supply tank is connected to the engine of a motor
				vehicle, the tax is due on the actual number of gallons of fuel placed into the
				tank. It is absolutely necessary for taxpayers, paying tax on a mileage basis,
				to keep accurate records of the miles driven and to keep their speedometers in
				good working condition.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1500 - Bank Tax

Current through Register Vol. 48, No. 6, June 28, 2024
Chapter 11 of Title 12 imposes a franchise tax on banks. The
				following subsections address various aspects of this franchise tax as
				administered by the South Carolina Department of Revenue.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1500.1 - Entire Net Income

Current through Register Vol. 48, No. 6, June 28, 2024
The term "entire net income" as used in Section
				12-11-10
				shall include income derived from any source whatsoever including interest on
				obligations of the United States, the United States Government or its
				possessions or of any state and any political subdivision
				thereof.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1500.2 - Method of Reporting

Current through Register Vol. 48, No. 6, June 28, 2024
The net income of the taxpayer as provided for in Section
				12-11-20
				shall be computed on either a cash or an accrual basis. A bank may request
				permission to change from a cash to an accrual basis or from an accrual basis
				to a cash basis over a ten year period.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1500.3 - Federal Income Tax Deduction

Current through Register Vol. 48, No. 6, June 28, 2024
Banks reporting on a cash basis may deduct Federal income
				estimated tax payments in the year in which they are paid. Cash basis banks
				using a method other than above may convert by using ten year conversion period
				as permitted under SC Regulation 117-1500.2.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1500.5 - Mergers

Current through Register Vol. 48, No. 6, June 28, 2024
A bank which merges into another bank or consolidates with one
				or more banks, must file a final return for a portion of the year prior to the
				merger or consolidation and pay the tax shown to be due thereon.
The liability for filing the final return for the bank or banks
				ceasing to exist shall vest in the surviving bank since it assumes all assets
				and liabilities of the bank or banks merging or
				consolidating.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1550 - Income Tax on Building and Loan Associations

Current through Register Vol. 48, No. 6, June 28, 2024
Chapter 13 of Title 12 imposes an income tax on building and
				loan associations. The following subsections address various aspects of this
				income tax as administered by the South Carolina Department of
				Revenue.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1550.1 - Determining Net Income of Building and Loan Associations

Current through Register Vol. 48, No. 6, June 28, 2024
In accordance with Section
				12-13-30,
				any additions to reserves which are required by law, regulation or direction of
				appropriate supervisory agency must be allowed as a deduction in determining
				net income but the burden is upon the savings and loan association and/or
				building and loan association to show what the regulatory agency
				required.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1550.2 - Earnings Paid to Shareholders

Current through Register Vol. 48, No. 6, June 28, 2024
For the purposes of Section
				12-13-20,
				a deduction shall be allowed for earnings paid to shareholders in an amount
				equal to the earnings actually paid out and/or credited to each shareholder's
				account. Earnings credited to a reserve account for future payments shall not
				qualify for this deduction.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1550.3 - Measure of Tax

Current through Register Vol. 48, No. 6, June 28, 2024
The income tax imposed by Section
				12-13-30
				shall be measured by the net income from all sources except interest income as
				is specifically exempted by law from such tax. Exempt income items are: (1)
				Income from obligations of the State of South Carolina and its political
				subdivisions. (2) Income from obligations of the United States and its
				possessions.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1600 - Cigarette Taxes

Current through Register Vol. 48, No. 6, June 28, 2024
Chapter 21 of Title 12 imposes an excise tax on cigarettes.
				Chapters 47 and 48 of Title 11 impose certain reporting requirements on
				cigarette distributors. The following subsections address various aspects of
				the taxes imposed on cigarettes as well as reporting requirements imposed on
				distributors under Chapters 47 and 48 of Title 11.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1600.3 - Exemptions and Refunds

Current through Register Vol. 48, No. 6, June 28, 2024
The only refunds which will be made with respect to cigarette
				stamp taxes will be for the following:
(1) Cigarettes shipped out of the geographic
			 limits of the State of South Carolina in accordance with the provisions of
			 Section
			 12-21-90;
(2) Damaged cigarettes in accordance with the
			 provisions of Section
			 12-21-110
			 and any applicable regulations of the South Carolina Department of
			 Revenue;
(3) Damaged tax
			 stamps;
(4) Cigarettes returned as
			 unsellable;
(5) Cigarettes
			 unrecoverable as a result of bad debt; and
(6) Any other circumstance authorized by the
			 General Assembly.
For purposes of determining the refund for cigarettes
				unrecoverable as a result of a bad debt, a bad debt is an amount that is
				charged off as a bad debt for state income tax purposes.
In the event any cigarettes to which tax stamps have been
				affixed are delivered to the Federal Government or any instrumentality thereof,
				the value of such tax stamps will not be refunded by the Department of
				Revenue.
All refunds must be properly documented in order for the
				Department of Revenue to issue refunds. Proper documentation for refunds
				includes, but is not limited to, bills of lading, shipment receipts,
				documentation for shipments of cigarettes returned to a manufacturer, and any
				other documentation as determined by the Department of Revenue. The Department
				will develop forms and processes for the purpose of authorizing the refunds
				listed above.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1600.4 - Cigarettes Displayed in Vending Machines

Current through Register Vol. 48, No. 6, June 28, 2024
Cigarettes displayed for sale in vending machines, where the
				design of such machine permits such arrangement, shall be so arranged that the
				cigarette tax stamp required to be affixed to each individual package is at all
				times in plain view and can be easily seen by duly authorized representatives
				of the South Carolina Department of Revenue. In any case where the design or
				manufacture of any such machine is such that the contents thereof are not
				readily visible, the owner or person in control of such machine shall leave
				with some responsible person at the location of such machine, a key or other
				relevant means to access the machine so that the contents thereof may be
				inspected upon demand by duly authorized representatives of the Department of
				Revenue.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 24 - MISCELLANEOUS TAXES › Section 117-1600.6 - Samples

Current through Register Vol. 48, No. 6, June 28, 2024
Cigarettes shipped into South Carolina by manufacturers to
				representatives, who are licensed in accordance with Code Section
				12-21-660,
				for promotional use shall be accompanied by an invoice stating the name of each
				brand, the number of packages of each brand, and the number of cigarettes in
				each package for each brand included in the shipment. Each package of
				cigarettes shipped into South Carolina for promotional use must bear either the
				cigarette tax stamp or the tax exempt stamp required by Code Section
				12-21-735,
				and each such package is subject to South Carolina state and local use
				tax.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 37 - PROPERTY TAX REGULATIONS › Section 117-1700.2 - Definition of "Power Driven" Farm Machinery and Equipment

Current through Register Vol. 48, No. 6, June 28, 2024
Article X, Section 1 of the South Carolina Constitution and
				Section
				12-43-220(b)
				of the South Carolina Code of Laws provides for a separate classification for
				all power driven machinery and equipment, except for motor vehicles registered
				with the Department of Public Safety, if the machinery and equipment is owned
				by a farmer and is used on agricultural land that qualifies under Section
				12-43-220(d)
				of the Code. Such machinery and equipment is taxed at an assessment ratio of
				five percent.
For purposes of administering this provision "power driven"
				farm machinery and equipment is defined as follows: The word "power" means "to
				supply with power and especially motive power." All machinery and equipment
				that is self-propelled, such as tractors and self-propelled combines would fit
				into the meaning of "power driven," as would any other self-propelled machinery
				and equipment. Other types of equipment that operate by the power take-off on a
				tractor or by electrical or some other motive power would fall within the
				meaning of "power driven." This machinery and equipment includes (1) corn
				pickers, (2) cotton pickers (3) forage harvesters and blowers, (4) manure
				spreaders, (5) pickup hay balers, (6) planters, (7) windrowers, (8) conveyor
				systems, (9) milking machines, (10) processing, grading, and sorting
				equipment.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 37 - PROPERTY TAX REGULATIONS › Section 117-1700.3 - Definition of Utility

Current through Register Vol. 48, No. 6, June 28, 2024
The word "utilities" is hereby defined to include but not
				necessarily be limited to (1) water companies; (2) power companies, whether
				hydroelectric, steam, atomic, or other kinds for the transmission of power; (3)
				electric light companies; (4) electric cooperatives; (6) telephone and
				telegraph companies. Utilities engaged in the transportation for hire of
				persons or property are classified separately.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 37 - PROPERTY TAX REGULATIONS › Section 117-1700.4 - Definition of Transportation Companies

Current through Register Vol. 48, No. 6, June 28, 2024
"Transportation companies" are hereby defined to include but
				not necessarily be limited to (1) Railroad companies; (2) Pipeline companies;
				and (3) Express companies.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 37 - PROPERTY TAX REGULATIONS › Section 117-1700.5 - Definition of Facility

Current through Register Vol. 48, No. 6, June 28, 2024
A "facility" is generally a single physical location, where a
				taxpayer's business is conducted or where its services or industrial operations
				are performed. Where two or more distinct and separate economic activities are
				performed at a single physical location, each separate economic activity will
				be treated as a separate facility when: (1) each activity has its own separate
				and dedicated personnel; (2) separate reports can be prepared on the numbers of
				employees, their wages and salaries, sales, or receipts and expenses; (3) and
				employment and output are significant as to the activity. For purposes of item
				(2) above, it is irrelevant if separate reports are actually prepared, so long
				as separate reports can be prepared, this criteria is met.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 37 - PROPERTY TAX REGULATIONS › Section 117-1700.6 - Definition of Parsonage

Current through Register Vol. 48, No. 6, June 28, 2024
This rule is adopted pursuant to the authority conferred by
				Sections
				12-4-320(1)
				and
				12-4-560
				of the South Carolina Code of Laws, as amended, to further define a parsonage
				that is exempt from property taxation.
A parsonage is a church owned residence that is provided for
				its pastor, minister and associate ministers, whether ordained or not, and all
				such residences shall be exempt from all property taxation.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 37 - PROPERTY TAX REGULATIONS › Section 117-1700.7 - Definition of Plant Site

Current through Register Vol. 48, No. 6, June 28, 2024
A plant site shall consist of all land contiguous to a plant
				which is related to the overall manufacturing operation. It shall include all
				land on which personal property is located including but not limited to the
				following: parking lots, manufacturing areas, buildings, landscaping, piping,
				railroad siding, docking, water sheds, ditching, pollution control facilities,
				pumping stations, wells, roads, water tanks, areas for ingress and egress,
				water storage facilities, and all other lands directly related to
				manufacturing. When possible, a plant site will be one contiguous parcel using
				legal and or natural boundaries.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 37 - PROPERTY TAX REGULATIONS › Section 117-1720.3 - Computation of Index of Taxpaying Ability for School District When Property is Under Appeal

Current through Register Vol. 48, No. 6, June 28, 2024
Section
				59-20-20
				of the South Carolina Code of Laws as amended, requires the Department of
				Revenue to compute the index of taxpaying ability for each school district in
				South Carolina. The final index is to be furnished to the Department of
				Education and the auditor of each county on or before February 1 of each year.
				Changes and corrections may be made to the index before February 1 but no
				change is allowed after that date.
When an assessment is under appeal and the appeal extends
				beyond the year in which the assessment is made, the department will not take
				into account the full value of the property. Instead, for real property, the
				department will only take into account eighty percent of the assessed value or
				any valuation greater than eighty percent agreed to in writing by the taxpayer;
				and for personal property, the department will only take into account the value
				asserted by the taxpayer in the appeal. Once the appeal is resolved, the
				department will adjust the index in the year the appeal is resolved by the
				amount of any difference between the assessments.
When an appeal of the assessed value of property assessed
				pursuant to Section
				12-43-220(a)
				of the Code (the assessment ratio for manufacturing or utility property)
				extends for more than two years and the amount in dispute is more than thirty
				percent of the total of assessed value of property in the school district in
				which the property under appeal is located, the index of taxpaying ability for
				the school district must be calculated using the value asserted by the taxpayer
				in the appeal, even if it is less than eighty percent of the assessed
				value.
The department shall maintain the necessary records for
				property under appeal The Auditor shall notify the department of the value of
				property currently under appeal, the value of property that was under appeal
				where the appeal is now resolved and the value has been determined and of any
				additional assessment. The Auditor shall furnish this information to the
				department on or before October 1 of each year.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 37 - PROPERTY TAX REGULATIONS › Section 117-1740 - County Administrative Requirements and Forms to Be Filed with the County

Current through Register Vol. 48, No. 6, June 28, 2024
The purpose of these regulations are to define the general
				administrative requirements applicable to the counties in the administration of
				the property tax law and to provide information to be requested or used in
				county forms for purposes of administering the property tax laws of this
				State.
South Carolina Code of Regulations › Chapter 117 - DEPARTMENT OF REVENUE › Article 37 - PROPERTY TAX REGULATIONS › Section 117-1740.1 - General Requirements for Building Permits

Current through Register Vol. 48, No. 6, June 28, 2024
Section 1. Under the authority provided by
			 Sections 12-43-240 and 12-4-550(1) of the South Carolina Code of Laws, building
			 permits shall be issued for the entire county for each county in the State by
			 the proper authorities designated by the county to issue such permits and
			 copies of the building permits shall be furnished to the County Assessor within
			 the time limit provided by Section 12-43-240. The information required to be in
			 the building permit includes the information provided in Section 2, as well as
			 any other information the Department of Revenue directs. The County Assessor
			 shall furnish to the department copies of building permits within 30 days after
			 issuance for all real property assessed by the department.
Section 2. All building permits must contain
			 the following information.
See
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