Download This Version in Microsoft Word format
TO AMEND SECTIONS 12-36-60, 12-36-90, AS AMENDED, AND 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "TANGIBLE PERSONAL PROPERTY" AND "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE IMPOSITION OF THE SALES AND USE TAX AND EXEMPTIONS FROM THE SALES TAX, SO AS TO PROVIDE THAT THE SALE OF SOUTH CAROLINA EDUCATION LOTTERY TICKETS IS A SALE OF TANGIBLE PERSONAL PROPERTY GIVING RISE TO GROSS PROCEEDS OF SALES IN THE AMOUNT OF THE TICKET PRICE AND IS SUBJECT TO THE SALES TAX, TO PROVIDE THAT THE FORMER SALES TAX EXEMPTION FOR LOTTERY TICKETS APPLIES ONLY TO "POWERBALL" TICKETS, AND TO EXEMPT ALL SOUTH CAROLINA EDUCATION LOTTERY TICKETS FROM LOCAL SALES AND USE TAXES; AND TO AMEND SECTION 59-150-70, RELATING TO THE REGULATORY AUTHORITY OF THE SOUTH CAROLINA EDUCATION LOTTERY COMMISSION, SO AS TO PROVIDE THAT THE TICKET PRICE WHEN ANY APPLICABLE STATE SALES AND USE TAX IS ADDED TO THE SALES PRICE MUST EQUAL ONE DOLLAR OR INCREMENTS OF ONE DOLLAR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-36-60 of the 1976 Code, as added by Act 59 of 2001, is amended to read:
"Section 12-36-60. 'Tangible personal property' means personal property which may be seen, weighed, measured, felt, touched, or which is in any other manner perceptible to the senses. It also includes a South Carolina Education Lottery Ticket sold by a lottery retailer as provided in Chapter 150 of Title 59. It also includes services and intangibles, including communications, laundry and related services, furnishing of accommodations, and sales of electricity, the sale or use of which is subject to tax under this chapter and does not include stocks, notes, bonds, mortgages, or other evidences of debt. Tangible personal property does not include the transmission of computer database information by a cooperative service when the database information has been assembled by and for the exclusive use of the members of the cooperative service."
SECTION 2. Section 12-36-90(1) of the 1976 Code is amended by adding a subitem appropriately lettered at the end to read:
"( ) the proceeds from the sale of a South Carolina Education Lottery Ticket at the ticket price established by the South Carolina Education Lottery Commission."
SECTION 3. Section 12-36-2120(60) of the 1976 Code, as added by Act 59 of 2001, is further amended to read:
(60) a lottery ticket for the 'Powerball' game sold pursuant to Chapter 150 of Title 59; All lottery tickets sold pursuant to Chapter 150 of Title 59, regardless of the game, are wholly exempt from a locally imposed sales and use tax collected by the department."
SECTION 4. Section 59-150-70 of the 1976 Code, as added by Act 59 of 2001, is amended by adding an appropriately lettered subsection at the end to read:
"( ) Notwithstanding the sale price of a lottery ticket as promulgated by regulations of the commission pursuant to this section, the price of a ticket must be adjusted by the commission so that the amount of state sales or use tax imposed on the sale of the ticket, when added to the price as adjusted, equals one dollar or increments of one dollar and this adjusted ticket price applies in lieu of any other ticket price provided by law or in regulation."
SECTION 5. This act takes effect on July 1, 2003.
This web page was last updated on Thursday, June 25, 2009 at 9:33 A.M.