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Bill 1003

                    Current Status

Bill Number:                      1003
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000111
Primary Sponsor:                  Giese
All Sponsors:                     Giese
Drafted Document Number:          l:\council\bills\dka\3641mm00.doc
Residing Body:                    Senate
Current Committee:                Finance Committee 06 SF
Subject:                          Taxation, sales and use; exemptions, 
                                  gross proceeds, wholesale sales, drinking 
                                  water, solid waste, Water and Sewer


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000111  Introduced, read first time,           06 SF
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROSS PROCEEDS OF SALES, SO AS TO PROVIDE THAT THE TERM DOES NOT APPLY TO FEES IMPOSED BY A RETAILER ON A CUSTOMER WHO MAKES A LATE PAYMENT; AND TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO WHOLESALE SALES, SO AS TO DEFINE SALES OF ELECTRICITY, MACHINERY, AND CHEMICALS TO THE STATE OR LOCAL POLITICAL SUBDIVISIONS FOR THE PRODUCTION OF DRINKING WATER AND FOR THE TREATMENT OF MUNICIPAL WASTE CONTAINING THIRTY-FIVE PERCENT OR MORE INDUSTRIAL OR MANUFACTURING WASTE AS WHOLESALE SALES.

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

SECTION 1. Section 12-36-90(2) of the 1976 Code, as last amended by Section 30, Part II, Act 100 of 1999, is to read:

"(2) The term does not include:

(a) a cash discount allowed and taken on sales;

(b) the sales price of property returned by customers when the full sales price is refunded in cash or by credit;

(c) the value allowed for secondhand property transferred to the vendor as a trade-in;

(d) the amount of any tax imposed by the United States with respect to retail sales, whether imposed upon the retailer or the consumer, except for manufacturers or importers excise taxes.;

(e) a motor vehicle operated with a dealer, transporter, or manufacturer, or education license plate and used in accordance with the provisions of Section 56-3-2320 or 56-3-2330;

(f) that portion of a charge taxed under Section 12-36-910(B)(3) or 12-36-1310(B)(3) attributable to the cost set by statute for a governmental license or permit.;

(g) fees imposed on the sale of motor oil, new tires, lead-acid batteries, and white goods pursuant to Article 1, Chapter 96 of Title 44, including the refundable deposit when a lead-acid battery core is not returned to a retailer.;

(h) the sales price, not including sales tax, of property on sales which are actually charged off as bad debts or uncollectible accounts for state income tax purposes. A taxpayer who pays the tax on the unpaid balance of an account which has been found to be worthless and is actually charged off for state income tax purposes may take credit for the tax paid on a return filed pursuant to this chapter, except that if an amount charged off is later paid in whole or in part to the taxpayer, the amount paid must be included in the first return filed after the collection and the tax paid.;

(i) fees imposed by a retailer on a customer who makes a late payment."

SECTION 2. Section 12-36-120 of the 1976 Code, as last amended by Act 431 of 1996, is amended to read:

"Section 12-36-120. 'Wholesale sale' and 'sale at wholesale' mean a sale of:

(1) tangible personal property to licensed retail merchants, jobbers, dealers, or wholesalers for resale, and do not include sales to users or consumers not for resale;

(2) tangible personal property to a manufacturer or compounder as an ingredient or component part of the tangible personal property or products manufactured or compounded for sale;

(3) tangible personal property used directly in manufacturing, compounding, or processing tangible personal property into products for sale;

(4) materials, containers, cores, labels, sacks, or bags used incident to the sale and delivery of tangible personal property, or used by manufacturers, processors, and compounders in shipping tangible personal property.;

(5) food or drink products to licensed retail merchants for use as ingredients in preparing ready-to-eat food or drink sold at retail. These products include cooking oil used as an ingredient. However, items used or consumed by licensed retail merchants to prepare ready-to-eat food or drink, such as hickory chips, barbecue briquettes, gas, or electricity are subject to tax.;

(6) electricity, machinery, and chemicals purchased and used by a state, county, municipality, political subdivision, or special entity created to serve the general public in the production of drinking water for sale. Water distribution systems are not wholesale sales, except for the pumps and the electricity they consume;

(7) electricity, machinery, and chemicals purchased and used by a state, county, municipality, political subdivision, or special entity created to serve the general public in the treatment of municipal waste containing thirty-five percent or more industrial or manufacturing waste, based on gallons or cubic feet billed."

SECTION 3. This act takes effect upon approval by the Governor and applies to sales occurring on or after that date and sales before that date for which claims for refund may be filed.

This web page was last updated on Wednesday, December 9, 2009 at 9:09 A.M.