Current Status Bill Number:455 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970304 Primary Sponsor:Passailaigue All Sponsors:Passailaigue Drafted Document Number:dka\4098mm.97 Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Motor fuel or gasoline tax, inventory tax, vendor licensing and reporting, Fuel, Taxation
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970304 Introduced, read first time, 06 SF
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 12-28-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF FLOORSTOCK OR INVENTORY TAX ON MOTOR FUELS, AND SECTION 12-28-985, RELATING TO REPORTING AND PAYMENT OF FLOORSTOCK OR INVENTORY TAX DUE ON MOTOR FUELS, SO AS TO DELETE APPLICABILITY OF TAX TO PREVIOUSLY TAXED TAXABLE MOTOR FUEL AND TO CORRECT CODE REFERENCES; TO AMEND SECTION 12-28-1135, AS AMENDED, RELATING TO FUEL VENDOR LICENSING AND SECTION 12-28-1390, AS AMENDED, RELATING TO FUEL VENDOR REPORTING, SO AS TO LIMIT APPLICABILITY TO WHOLESALE AND DISTRIBUTION OF TAXABLE MOTOR FUEL FOR RESALE; AND TO AMEND SECTION 12-28-2740, RELATING TO DISTRIBUTION OF MOTOR FUEL TAX PROCEEDS AMONG COUNTIES, SO AS TO REFLECT THE REPEAL OF SECTION 12-28-2510, TO CHANGE THE DATE FOR SUBMISSION OF THE PERCENTAGE REPRESENTED BY EACH COUNTY FROM MARCH THIRTY-FIRST TO MAY FIRST, AND TO PROVIDE A TRANSITION SCHEDULE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-28-530 of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"Section 12-28-530. (A) The tax imposed by Section 12-28-310 on the date of an increase in the tax rate set out in that section is applicable to previously taxed taxable motor fuel:
(1) in excess of one thousand gallons held in storage by an end user;
(2) inventory held for sale by a fuel vendor.
(B) The tax imposed by Section 12-28-310 is applicable to nonexempt inventory held by a person outside of the bulk transfer system in this State in quantities which, in the aggregate with respect to the person, exceed one thousand gallons, to the extent the inventory previously has not been subject to the tax imposed by this State under the predecessor motor fuel tax statute. However, no tax is payable with respect to taxable motor fuel which is dyed diesel fuel or held by an exempt user including government entities described under Sections 12-28-710(A)(6) and 12-28-710(A)(12).
(C)(B) Persons A person in possession of taxable motor fuel subject to this section shall perform the following:
(1) take an inventory to determine the gallons in storage for purposes of determining the tax on inventory;
(2) deduct the amount of taxable motor fuel in dead storage;
(3) deduct these gallons in which tax at the full rate previously has been paid;
(4) take a deduction for gallons of dyed diesel fuel included in item (1) above, if appropriate; and
(5) report the gallons listed in item (1) on forms provided by the department.
(D)(C) The amount of the inventory tax is equal to the inventory tax rate times the gallons in storage as determined under subsection (B). The inventory tax rate is equal to the difference between the increased tax rate minus the previous tax rate to which those gallons were previously subjected to tax.
(E)(D) Payment of this floorstock tax must be made in conformity with Section 12-28-985."
SECTION 2. Section 12-28-985 of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"Section 12-28-985. The floorstocks tax report required by Section 12-28-530(A) must be accompanied by payment of the floorstocks tax calculated in accordance with Section 12-28-530(B)(C). Payment must be made on or before the due date of that report. The floorstocks tax imposed on inventory held outside of the bulk transfer system on the effective date of this chapter reportable under Section 12-28-530(A)(B) is payable in two equal annual installments beginning twelve months after the effective date of the act. However, a person may pay the full amount due with a timely filed return and may take a fifteen percent discount."
SECTION 3. Section 12-28-1135 of the 1976 Code, as last amended by Act 461 of 1996, is further amended to read:
"Section 12-28-1135. (A) Each A person who engages in the business of selling taxable motor fuel at wholesale or retail or storing or distributing taxable motor fuel for resale within this State first shall obtain a fuel vendor license which is operative for all locations controlled or operated by that licensee in this State or in any other state from which the person removes fuel for delivery and use in South Carolina.
(B) Each A fuel vendor shall maintain detailed records of all purchases and sales for no not less than three years.
(C) All fuel vendor records must be maintained in English and Arabic numerals or acceptable to electronic formats.
(D) Each A fuel vendor shall make an annual report of taxable gallons sold at delivered to retail outlets by county in accordance with Section 12-28-1390.
(E) In its discretion, the department may exempt from subsection (A) a persons person who possess possesses a valid supplier, terminal operator, transporter, importer, tank wagon operator, or exporter license. The fee for the fuel vendor license is fifty dollars."
SECTION 4. Section 12-28-1390(A) of the 1976 Code, as last amended by Act 461 of 1996, is further amended to read:
"(A) A fuel vendor shall file an annual report of total gallons of gasoline sold at retail through delivered to a retail outlet accessible to the general public by that vendor by county before February twenty-eighth annually for the preceding calendar year."
SECTION 5. Section 12-28-2740(A) of the 1976 Code, as added by Act 136 of 1995, is amended to read:
"(A) The proceeds from two and sixty-six one-hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be deposited with the State Treasurer and expended for purposes set forth in this section. The monies must be apportioned among the counties of the State in the following manner:
(1) one-third distributed in the ratio which the land area of the county bears to the total land area of the State;
(2) one-third distributed in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census;
(3) one-third distributed in the ratio which the mileage of all rural roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Transportation. The Department of Revenue shall collect the information required pursuant to Section 12-28-2510 12-28-1390 regarding the number of gallons sold in each county for use in making allocations of donor funds as provided in subsection (H). The Department of Revenue shall submit the percentage of the total represented by each county to the Department of Transportation and to each county transportation committee annually by March thirty-first May first of the following calendar year. Upon request of a county transportation committee, the Department of Transportation shall continue to administer the funds allocated to the county.
(4) For distribution in 1997, a transitional year as the result of the change of date for reporting the percentages referenced in item (3) to May first, the Department of Transportation shall use the latest data available from the Department of Revenue, which was derived from sales data for the 1995 calendar year.
(5) All interest earnings on the County Transportation Fund in the State Treasury must be credited to the State Highway Fund."
SECTION 6. This act takes effect upon approval by the Governor.