"Section 12-36-2691. (A) Notwithstanding another provision of this chapter, owning or utilizing a distribution facility within South Carolina is not considered in determining whether the person has a physical presence in South Carolina sufficient to establish nexus with South Carolina for sales and use tax purposes.
(B)(1) For purposes of this section, 'distribution facility' means an establishment where only shipments of tangible personal property are processed for delivery to customers and no retail sales are made. The definition of 'distribution facility', provided in Section 12-6-3360(M)(8) for purposes of the targeted jobs tax credit and its provisions allowing limited retail sales at such a facility, specifically does not apply with respect to a 'distribution facility' as defined for purposes of this section.
(C) This section only applies to a taxpayer that:
(1) places a distribution facility in service;
(2) makes, or causes to be made through a third party, a capital investment of at least one hundred twenty-five million dollars;
(3) initially creates at least two thousand full-time jobs which include a comprehensive health plan for those employees and maintains at least one thousand jobs for five years after the date upon which the distribution facility was placed in operation. For purposes of this item, 'full-time' and 'new job' have the same meaning as provided in Section 12-6-3360; and
(4) has operated the distribution facility for five years after the date upon which the distribution facility was placed in operation.
(D) This section no longer applies on the earlier of:
(1) the expiration of five years after the date upon which this section became applicable to the taxpayer;
(2) when the company fails to meet the requirements provided in subsection (C) of this section during the time that this section is applicable to the taxpayer; or
(3) the effective date of a law enacted by the United States Congress that allows a state to require that its sales tax be collected and remitted even if the taxpayer does not have substantial nexus with that state." /
Renumber sections to conform.
Amend title to conform.