H*2655 Session 105 (1983-1984)
H*2655(Rat #0047, Act #0024 of 1983) General Bill, By House Ways and Means
A Bill to amend Sections 12-7-2020 and 12-7-2030, as amended, Code of Laws of
South Carolina, 1976, relating to declaration and payment of estimated tax by
corporations, so as to require payment of the final installment of the tax on
the fifteenth day of the twelfth month after the beginning of the tax year and
to conform the making of an amended declaration to the same schedule; to amend
Section 12-21-1050, as amended, and 12-21-1320, relating to beer and wine
license taxes and the additional wine excise tax, so as to require those
collecting the taxes to remit taxes due for the month of June by the
twenty-fifth of June; and to amend Sections 12-33-450 and 12-33-480, relating
to the collection of the tax on alcoholic liquors, so as to require reports on
liquor sales and payment of taxes due on the twelfth day on the twentieth day
of the succeeding month except that taxes due for the month of June must be
paid by the twenty-fifth of June.-amended title
03/10/83 House Introduced, read first time, placed on calendar
without reference HJ-1465
03/15/83 House Objection by Rep. J. Bradley, Rogers & Simpson HJ-149
03/16/83 House Special order, set for immediately (under H-2684)
HJ-1526
03/16/83 House Amended HJ-1542
03/16/83 House Read second time HJ-1546
03/17/83 House Read third time and sent to Senate HJ-1579
03/17/83 Senate Introduced, read first time, placed on calendar
without reference SJ-742
03/22/83 Senate Read second time SJ-769
03/22/83 Senate Ordered to third reading with notice of
amendments SJ-769
03/23/83 Senate Read third time and enrolled SJ-786
03/24/83 Ratified R 47
03/24/83 Signed By Governor
03/24/83 Effective date 03/24/83
03/24/83 Act No. 24
03/29/83 Copies available
(A24, R47, H2655)
AN ACT TO AMEND SECTIONS 12-7-2020 AND 12-7-2030, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO DECLARATION AND PAYMENT OF ESTIMATED TAX
BY CORPORATIONS, SO AS TO REQUIRE PAYMENT OF THE FINAL INSTALLMENT OF THE TAX
ON THE FIFTEENTH DAY OF THE TWELFTH MONTH AFTER THE BEGINNING OF THE TAX
YEAR AND TO CONFORM THE MAKING OF AN AMENDED DECLARATION TO THE SAME
SCHEDULE; TO AMEND SECTION 12-21-1050, AS AMENDED, AND 12-21-1320, RELATING TO
BEER AND WINE LICENSE TAXES AND THE ADDITIONAL WINE EXCISE TAX, SO AS TO
REQUIRE THOSE COLLECTING THE TAXES TO REMIT TAXES DUE FOR THE MONTH OF JUNE
BY THE TWENTY-FIFTH OF JUNE; AND TO AMEND SECTIONS 12-33-450 AND 12-33-480,
RELATING TO THE COLLECTION OF THE TAX ON ALCOHOLIC LIQUORS, SO AS TO REQUIRE
REPORTS ON LIQUOR SALES AND PAYMENT OF TAXES DUE ON THE TWENTIETH DAY OF
THE SUCCEEDING MONTH EXCEPT THAT TAXES DUE FOR THE MONTH OF JUNE MUST BE
PAID BY THE TWENTY-FIFTH OF JUNE.
Be it enacted by the General Assembly of the State of South Carolina:
Declaration of estimated tax required
SECTION 1. Section 12-7-2020 of the 1976 Code is amended to read:
"Section 12-7-2020. The declaration required by Sections 12-7-2010 to 12-7-2040 must be filed with
the Commission on or before the fifteenth day of the third month following the beginning of the taxable year.
A taxpayer may amend a declaration of estimated tax on the fifteenth day of the sixth, ninth, or twelfth month
and if the amended declaration is filed, the balance of the tax due must be paid in installments proportionately
adjusted. At the election of the corporation any installment of the estimated tax may be paid before the date
prescribed for its payment."
Payment of tax
SECTION 2. Section 12-7-2030 of the 1976 Code, as last amended by Act 98 of 1981, is amended to read:
"Section 12-7-2030. The amount of estimated tax as defined in Section 12-7-2010 with respect to
which a declaration is required under Section 12-7-2010 must be paid as follows:
(1) The estimated tax shown to be due by the declaration must be paid at the time the declaration is filed
or may be paid in four equal installments. The first installment must be paid at the time of filing the
declaration, the second installment on the fifteenth day of the sixth month after the beginning of the taxable
year, the third installment on the fifteenth day of the ninth month after the beginning of the taxable year, and
the fourth installment on the fifteenth day of the twelfth month after the beginning of the taxable year.
(2) No interest shall be charged for the payment of installments of estimated tax herein provided for."
Further
SECTION 3. Section 12-21-1050 of the 1976 Code, as last amended by Act 422 of 1980, is further amended
to read:
"Section 12-21-1050. The tax prescribed in this article must be paid by requiring each wholesaler to
make a report to the Tax Commission, in such form as the Commission may prescribe, of all beer and wine
sold or disposed of within this State by the wholesaler and to pay the tax due thereon not later than the
twentieth of the month following the sale of beer or wine. In addition, each wholesaler required to collect
tax under this chapter shall for the month of June, 1983, and each June thereafter remit based on the estimated
tax liability for the same month of the preceding year and shall remit one hundred percent of the estimated
tax to the Tax Commission by the twenty-fifth of June. Any wholesaler who fails to file the report or to pay
the tax as prescribed herein must pay a penalty of one quarter of one percent of the amount of the tax due and
unpaid or unreported for each day the tax remains unpaid or unreported. The penalty shall be assessed and
collected by the Tax Commission in the manner as other taxes are assessed and collected. The Tax
Commission may grant any wholesaler extensions of time for filing the reports and paying the taxes
prescribed herein and no penalties shall be assessed or collected to the extent that such extensions of time are
granted."
Report required
SECTION 4. Section 12-21-1320 of the 1976 Code is amended to read:
"Section 12-21-1320. The additional taxes imposed by Section 12-21-1310 shall be levied against and
collected from the wholesaler, importer, or any other person first offering such wine for sale within this State.
The wholesaler, importer, or other person offering said wine for sale in this State shall make a report to the
Tax Commission in such form as the Commission may prescribe and shall pay the tax due thereon not later
than the twentieth day of the month following the sale of the wine.
Any wholesaler, importer, or other person first offering wine for sale in this State who fails to file the report
or to pay the tax hereby imposed, on or before the twentieth day of the month following the sale of wine, shall
pay a penalty of not less than twenty dollars nor more than one thousand dollars, to be assessed and collected
by the Commission in the same manner and with like effect as other taxes are collected. The provisions of
Section 12-21-1050 shall determine the payment of taxes for the month of June."
Further
SECTION 5. Section 12-33-450 of the 1976 Code is amended to read:
"Section 12-33-450. Every wholesaler of alcoholic liquors must file with the Commission on or before
the twentieth day of each calendar month a report covering all sales of alcoholic liquors during the preceding
month. In addition, each wholesaler required to collect tax under this chapter shall for the month of June,
1983, and each June thereafter remit based on the estimated tax liability for the same month of the preceding
year and shall remit one hundred percent of the estimated tax to the Tax Commission by the twenty-fifth of
June."
Date tax due and payable
SECTION 6. Section 12-33-480 of the 1976 Code is amended to read:
"Section 12-33-480. The tax levied in Sections 12-33-410 and 12-33-460 shall be due and payable on
or before the twentieth day of the month next succeeding the month in which the tax accrues. On or before
the twentieth day of each month every person on whom the tax is levied or imposed by Sections 12-33-410
and 12-33-460 shall render to the Commission, on a form prescribed by it, a statement showing the number
of cases of alcoholic liquors sold for the next preceding month, together with such other information as the
Commission may require. At the same time the report is filed, the person shall pay to the Commission the
amount of taxes due. The taxes provided in Sections 12-33-410 and 12-33-460 constitute a debt payable to
the State by the persons against whom they are charged and all the taxes, penalties, and assessments constitute
a first lien upon all property of such persons.
The taxes, penalties, or interest in this section must be assessed and collected in the same manner and with
like effect as other taxes are assessed and collected by the Tax Commission.
A return is considered filed on time if it is mailed and postmarked on or before the date it is required by law
to be filed.
Any person failing to file a return required by this section must be assessed a penalty of not more than
one thousand dollars which must be assessed and collected in the same manner and with like effect as other
taxes collected by the Tax Commission.
Any person required by this section to pay any tax and who fails to do so within the time allotted shall pay,
in addition to the tax, a penalty of twenty-five percent of the tax and interest at one half of one percent per
month or fraction of a month from the date the tax was originally due to the date of the payment of the tax
and penalty.
The Tax Commission may in its discretion waive or reduce the penalty or interest or any part thereof
prescribed in this section. The provisions of Section 12-33-450 shall determine the payment of taxes for the
month of June."
Time effective
SECTION 7. This act shall take effect upon approval by the Governor. |