Current Status Introducing Body:House Bill Number:3549 Primary Sponsor:Burch Committee Number:30 Type of Legislation:GB Subject:Gasoline taxes, retailer Residing Body:House Current Committee:Ways and Means Computer Document Number:JIC/5353.HC Introduced Date:Feb 20, 1991 Last History Body:House Last History Date:Feb 20, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Burch McLeod Rhoad Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3549 House Feb 20, 1991 Introduced, read first time, 30
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTIONS 12-27-720, 12-27-750, AND 12-27-790, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFUND ALLOWED FOR GASOLINE TAXES PAID ON GASOLINE USED EXCLUSIVELY IN FARM OPERATIONS, SO AS TO EXTEND THE REFUND TO GASOLINE PURCHASED FROM LICENSED RETAILERS, TO DELETE BOND REQUIREMENTS, TO REQUIRE THAT REFUND GASOLINE INVOICES BE LEGIBLE AND CONTAIN ALL INFORMATION REQUIRED BY THE TAX COMMISSION, AND TO PROVIDE THAT RETAILERS OR DISTRIBUTORS WHO FAIL TO MAINTAIN THE REQUIRED RECORDS MAY NOT SELL REFUND GASOLINE FOR ONE YEAR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-27-720 of the 1976 Code is amended to read:
"Section 12-27-720. All gasoline purchased for agricultural uses, as defined in this article, must be purchased from a licensed retailer or a distributor who has furnished a proper bond to the commission to engage in the business of a distributor and the distributor's bond shall be held to cover his compliance with the refund provisions of this article. Any such A retailer or distributor must secure a permit to sell refund gasoline before selling such refund gasoline."
SECTION 2. Section 12-27-750 of the 1976 Code is amended to read:
"Section 12-27-750. Any A person purchasing gasoline on which he intends to make a claim for refund must personally sign and fill in his refund blank and the distributor or retailer selling such refund gasoline shall furnish a true copy of his sales invoice stating that the amount of gasoline listed thereon on the invoice has been delivered solely for use in farm equipment as defined in this article. Invoices must be legible and contain the information required by the commission. A true copy of the invoice must be attached to the claim for refund. No refund of one dollar or less shall may be made by the commission."
SECTION 3. Section 12-27-790 of the 1976 Code is amended to read:
"Section 12-27-790. All retailers, distributors, and users of refund gasoline shall, for a period of two years, be are required to keep original invoices of sale and a complete record of all refund gasoline sold or used and any a person failing to keep such this record shall is not be entitled to the refund claim, nor to any refund of tax on any gasoline purchased during the next succeeding six months' period. Retailers or distributors failing to maintain the required records may not sell refund gasoline for one year."
SECTION 4. Upon approval by the Governor, this act is effective with respect to claims for refund for gasoline purchased after 1990.