S*269 Session 107 (1987-1988)
S*0269(Rat #0099, Act #0064 of 1987) Joint Resolution, By Giese and Peeler
A Joint Resolution to provide that the filing of applications for ad valorem
property tax exemption required by Section 12-3-145, Code of Laws of South
Carolina, 1976, for the 1985, 1986, and 1987 taxable years is extended until
July 1, 1987, to require refund of excess 1986 taxes paid because of the
failure to file timely the exemption application; and to amend Section
12-3-145, as amended, relating to the method of obtaining exemption from
property taxes , so as to eliminate the requirement for annual applications and
to include within the purview of the Section the exemption for business
inventories.-amended title
01/15/87 Senate Introduced, read first time, placed on calendar
without reference SJ-167
01/28/87 Senate Amended SJ-347
01/28/87 Senate Read second time SJ-348
01/28/87 Senate Ordered to third reading with notice of
amendments SJ-348
02/05/87 Senate Amended SJ-458
02/05/87 Senate Read third time and sent to House SJ-458
02/10/87 House Introduced and read first time HJ-450
02/10/87 House Referred to Committee on Ways and Means HJ-450
04/09/87 House Committee report: Favorable with amendment Ways
and Means HJ-1732
04/15/87 House Amended HJ-1890
04/15/87 House Read second time HJ-1895
04/16/87 House Read third time HJ-1972
04/16/87 House Returned HJ-1972
04/21/87 Senate Concurred in House amendment and enrolled SJ-1402
04/30/87 Ratified R 99
05/06/87 Signed By Governor
05/06/87 Effective date 05/06/87
05/06/87 Act No. 64
05/15/87 Copies available
(A64, R99, S269)
A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM
PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH
CAROLINA, 1976, FOR THE 1985, 1986, AND 1987 TAXABLE YEARS IS EXTENDED UNTIL JULY
1, 1987, TO REQUIRE REFUND OF EXCESS 1986 TAXES PAID BECAUSE OF THE FAILURE TO
FILE TIMELY THE EXEMPTION APPLICATION; AND TO AMEND SECTION 12-3-145, AS AMENDED,
RELATING TO THE METHOD OF OBTAINING EXEMPTION FROM PROPERTY TAXES , SO AS TO
ELIMINATE THE REQUIREMENT FOR ANNUAL APPLICATIONS AND TO INCLUDE WITHIN THE
PURVIEW OF THE SECTION THE EXEMPTION FOR BUSINESS INVENTORIES.
Be it enacted by the General Assembly of the State of South Carolina:
Time extended
SECTION 1. The time for the filing of applications for the exemption of
property required by Section 12-3-145 of the 1976 Code for the 1985, 1986, and
1987 taxable years is extended until July 1, 1987. A taxpayer who files an
application for exemption before July 1, 1987, and who has paid 1986 taxes in
excess of taxes he would have paid if the application had been timely filed,
shall have the excess refunded by the treasurer of the county in which he
resides.
Method of obtaining exemption
SECTION 2. Subsections B and G of Section 12-3-145 of the 1976 Code, as amended
by Act 304 of 1986, are respectively amended to read:
"B. Any tax -exempt property owner or any property owner whose property
may qualify for property exemption shall obtain an application for the exemption
from the commission and shall file the application for exemption between January
first and the last day of February of each year, containing the information
requested by the commission. The owners of exempt property, as stated in items
(7) and (8) of subsection A and item (17) of subsection B of Section 12-37-220,
shall file the application before the sixteenth day of the fourth month after the
close of the accounting period regularly employed by the taxpayer for income tax
purposes in accordance with Chapter 7 of Title 12. The owners of exempt property
as provided for in items (26) and (27) of subsection B of Section 12-37-220 and
churches which own motor vehicles shall file an application for exemption within
sixty days before or within thirty days after the date on which the motor vehicle
was registered or the registration renewal date.
Each owner of exempt real or personal property shall file an initial
application within the time stipulated by this subsection enumerating the exempt
property but thereafter is not required to file an additional application for the
property unless there is a change in the status of the property as reported on
the initial application or unless requesting an exemption for property which was
not included on the initial application or on a subsequent application.
The commission upon proper investigation has the authority to declare the
churches, parsonages, and burying grounds identified in this subsection exempt
from ad valorem taxation and shall verify the exemption to the auditor's office
in the county in which the property is located. Upon verification by the
commission, the auditor shall void any tax notice applicable to the property.
G. The provisions of this section do not apply
in the case of properties owned by the United States Government or those exempt
properties enumerated in items (1), (5), (6), and (10) of subsection A and items
(9), (13), (14), (15), (23), (25), and (30) of subsection B of Section
12-37-220."
Time effective
SECTION 3. This act takes effect upon approval by the Governor. |