Current Amendment: 36R027.WGR.docx to Bill 36
Senator RYBERG proposed the following amendment (36R027.WGR):
Amend the bill, as and if amended, page 5, by striking line 31 and inserting:
/ with that state.
(E)(1) A person to whom this section applies shall, at the time of purchase, notify purchasers from South Carolina by electronic means that sales or use tax is due on all purchases made from the taxpayer and that the Department of Revenue requires the purchaser to pay the sales and use tax due.
(2)(a) A person to whom this section applies, shall by February first of each year provide to each purchaser to whom tangible goods were delivered to in this State a statement of the total sales made to the purchaser during the preceding calendar year. The statement must contain the purchaser's name and address and language substantially similar to the following:
YOU OWE SOUTH CAROLINA SALES OR USE TAX ON PURCHASES YOU MADE FROM US DURING THE PREVIOUS TAX YEAR. THE AMOUNT OF TAX YOU OWE IS BASED ON THE TOTAL SALES PRICE OF [INSERT TOTAL SALES PRICE] THAT MUST BE REPORTED AND PAID WHEN YOU FILE YOUR SOUTH CAROLINA INCOME TAX RETURN. PLEASE BE ADVISED THAT A COPY OF THIS STATEMENT IS BEING PROVIDED TO THE SOUTH CAROLINA DEPARTMENT OF REVENUE.
The statement must not contain any other information that would indicate, imply, or identify the class, type, description, or name of the products purchased. Any information that would indicate, imply, or identify the class, type, description, or name of the products purchased is considered strictly confidential and disclosure subjects the person to the provisions of item 4(b).
(b) The statement may be provided by First Class mail or electronic mail.
(3) No later than March first of each year, a person to whom this section applies with over $100 million in annual sales to South Carolina residents, must file a statement with the Department of Revenue detailing the total amount of sales to South Carolina residents that made purchases from the person. The statement must summarize the total purchases made by South Carolina residents during the preceding calendar year and the total amount of sales made to each zip code in the State. The statement filed with the department must be on a form and in such a manner as prescribed by the department. The department may allow for electronic filing. A person to whom this section applies who does not timely file the annual statement required by this item must be fined ten dollars for the amount of each transaction that was not reported, unless the person shows reasonable cause for failing to timely file the annual statement. All applicable laws regarding confidentiality of taxpayer information apply to the information that must be reported pursuant to this section.
(4)(a) A person to whom this section applies that fails to provide the notice required in item (1) or the statement required in item (2) must be fined ten dollars for each occurrence.
(b) In addition to any other penalty provided by law, a person to whom this section applies that violates any applicable laws regarding confidentiality of taxpayer information must be fined one thousand dollars for each occurrence." /
Renumber sections to conform.
Amend title to conform.