Bill 158

                    Current Status

Bill Number:               158
Ratification Number:       532
Act Number                 425
Introducing Body:          Senate
Subject:                   Relating to the procedures required to
                           obtain certificates of exemption status from
                           the South Carolina Tax Commission for property
                           to be exempt from ad valorem taxation

(A425, R532, S158)

AN ACT TO AMEND SECTION 12-3-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES REQUIRED TO OBTAIN CERTIFICATES OF EXEMPTION STATUS FROM THE SOUTH CAROLINA TAX COMMISSION FOR PROPERTY TO BE EXEMPT FROM AD VALOREM TAXATION, SO AS TO PROVIDE THAT LIBRARIES, CHURCHES, PARSONAGES AND BURYING GROUNDS SHALL ONLY BE REQUIRED TO FILE AN INITIAL APPLICATION REQUESTING THAT THEIR PROPERTY BE EXEMPT FROM SUCH TAXATION, TO PROVIDE EXCEPTIONS, AND TO EXTEND THE DEADLINE FOR FILING SUCH APPLICATIONS TO DECEMBER 31, 1982, FOR CERTAIN TAX YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

Property owner to obtain application

Section 1. Subsection B of Section 12-3-145 of the 1976 Code, as last amended by Act 112 of 1979, is further amended by changing the period at the end to a comma and adding: "except that libraries, churches, parsonages and burying grounds requesting tax exemption status under the provisions of Section 12-37-220 A(3) for any of their real or personal property shall be required to file an initial application within the time stipulated by this subsection enumerating such property to be exempt but thereafter shall not be required to file an additional application for such property unless there is a change in the status of the property as reported on the initial application or unless requesting an exemption for property which was not included on the initial application or on a subsequent application." The subsection as amended shall read:

"B. Any tax-exempt property owner or any property owner whose property may qualify for property exemption shall obtain an application for such exemption from the Commission and shall file such application for exemption between January first and the last day of February of each year, containing such information as may be requested by the Commission. The owners of exempt property, as stated in items (7) and (8) of subsection A and item (17) of subsection B of Section 12-37-220 shall file such application on or before the fifteenth day of the fourth month after the close of the accounting period regularly employed by the taxpayer for income tax purposes in accordance with Chapter 7 of Title 12.

Notwithstanding any other provision of law, the granting of tax-exempt status shall be for one year only and each property owner shall be required to reapply annually for the tax-exempt status, except that libraries, churches, parsonages and burying grounds requesting tax exemption status under the provisions of Section 12-37-220 A(3) for any of their real or personal property shall be required to file an initial application within the time stipulated by this subsection enumerating such property to be exempt but thereafter shall not be required to file an additional application for such property unless there is a change in the status of the property as reported on the initial application or unless requesting an exemption for property which was not included on the initial application or on a subsequent application."

Deadline extended

Section 2. The South Carolina Tax Commission is directed to extend the deadline to December 31, 1982, for filing applications for exemptions from ad valorem taxation for libraries, churches, parsonages, and burying grounds under the provisions of Section 12-3-145 of the 1976 Code for tax years 1980, 1981 and 1982 only.

Time effective

Section 3. This act shall take effect upon the approval by the Governor.