Current Status Bill Number:3443 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970212 Primary Sponsor:Askins All Sponsors:Askins Drafted Document Number:jic\5365htc.97 Residing Body:Senate Current Committee:Finance Committee 06 SF Date of Last Amendment:19970429 Subject:Sales tax, boats and motors sold to residents in another state for licensing; calculation of, Taxation, Watercraft
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19970506 Introduced, read first time, 06 SF referred to Committee House 19970502 Read third time, sent to Senate House 19970501 Read second time, unanimous consent for third reading on the next Legislative day House 19970430 Debate adjourned until Thursday, 19970501 House 19970429 Amended House 19970424 Committee report: Favorable 30 HWM House 19970212 Introduced, read first time, 30 HWM referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 1, 1997
H. 3443
S. Printed 5/1/97--H.
Read the first time February 12, 1997.
TO AMEND SECTION 12-36-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX DUE ON THE SALE OF A MOTOR VEHICLE TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE, SO AS TO EXTEND THIS CALCULATION OF THE TAX DUE TO BOATS AND MOTORS SOLD TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-36-930 of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"Section 12-36-930. (A) The tax imposed by this article on sales of motor vehicles, as defined in Section 56-1-10, trailers, semitrailers, or pole trailers and boats and motors of a type to be registered and licensed, to a resident of another state, is the lesser of:
(1) an amount equal to the sales tax, which would be imposed in the purchasers purchaser's state of residence, or
(2) the tax that would be imposed under this chapter.
(B) At the time of the sale, the seller shall:
(1) obtain from the purchaser a notarized statement of the purchasers purchaser's intent to license the vehicle, boat, or motor within ten days, in the purchasers purchaser's state of residence; and
(2) retain a signed copy of the notarized statement. The purchaser shall give a copy to the sales tax agency of the purchasers purchaser's state of residence.
(C) No tax is due if a nonresident will not receive credit in his state of residence for sales tax paid to this State under this section."
SECTION 2. Section 12-36-1360 of the 1976 code is amended to read:
"(A) Every A person liable for the use tax under Section 12-36-1330(A) who has not paid the tax due to a seller required or authorized to collect the tax, must file a return and remit the tax to the State, in accordance with this chapter.
(B) A person liable for the use tax in an amount of more than fifty dollars for a purchase by catalog or outside this State for storage, use, or other consumption in this State under Section 12-36-1330(A) who has not paid the tax due to a seller required or authorized to collect the tax, must file a return and remit the tax to the State, in accordance with this chapter."
SECTION 3. This act takes effect upon approval by the Governor.