H 3277 General Bill, By R.S. Corning, Davenport, Harrison, Haskins, 
M.F. Jaskwhich, J.S. Shissias, E.C. Stoddard, C.H. Stone and C.L. Sturkie
 A Bill to amend Section 12-36-2110, as amended, Code of Laws of South
 Carolina, 1976, relating to the three hundred dollar maximum sales, use, and
 casual excise tax on motor vehicles and other items, so as to provide a tax
 rate of 3.15 percent on the sale or lease of motor vehicles and motorcycles
 with a total tax not to exceed fifteen hundred dollars and to provide that
 commercial vehicles with a manufacturer's gross vehicle weight in excess of
 ten thousand pounds qualify for the three hundred dollar maximum tax.

   01/27/93  House  Introduced and read first time HJ-5
   01/27/93  House  Referred to Committee on Ways and Means HJ-5

A BILL

TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON MOTOR VEHICLES AND OTHER ITEMS, SO AS TO PROVIDE A TAX RATE OF 3.15 PERCENT ON THE SALE OR LEASE OF MOTOR VEHICLES AND MOTORCYCLES WITH A TOTAL TAX NOT TO EXCEED FIFTEEN HUNDRED DOLLARS AND TO PROVIDE THAT COMMERCIAL VEHICLES WITH A MANUFACTURER'S GROSS VEHICLE WEIGHT IN EXCESS OF TEN THOUSAND POUNDS QUALIFY FOR THE THREE HUNDRED DOLLAR MAXIMUM TAX.

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

SECTION 1. Section 12-36-2110(A) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:

"(A) The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2) motor vehicle;

(3) motorcycle;

(4) boat;

(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

(1) Notwithstanding the rates of tax imposed by this chapter, a rate of 3.15 percent is imposed on the sale or lease of motor vehicles and motorcycles with a total tax not to exceed fifteen hundred dollars, and there is imposed a tax of five percent, but not more than three hundred dollars, on the sale or lease of each:

(a) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(b) boat;

(c) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(d) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel;

(e) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower; or

(f) commercial vehicles with a manufacturer's gross vehicle weight rating in excess of ten thousand pounds.

(2) In the case of a lease of an item subject to the tax limit imposed by item (l) of this subsection, the total tax rate required by law applies on each payment until the total tax paid equals the maximum tax. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days."

SECTION 2. This act takes effect July 1, 1993.