S 136 Session 112 (1997-1998)
S 0136 General Bill, By McConnell
A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE MAXIMUM TAX IMPOSED ON THE SALE OR LEASE OF
CERTAIN ITEMS, SO AS TO LIMIT TO THREE HUNDRED DOLLARS THE MAXIMUM SALES TAX
WHICH MAY BE IMPOSED UPON SELF-PROPELLED HEAVY-DUTY CONSTRUCTION EQUIPMENT
PURCHASED BY A LOCAL POLITICAL SUBDIVISION FOR THE PURPOSE OF CONSTRUCTION OR
MAINTENANCE OF ROADS AND DRAINAGE.
01/14/97 Senate Introduced and read first time SJ-136
01/14/97 Senate Referred to Committee on Finance SJ-136
02/20/97 Senate Committee report: Favorable Finance SJ-13
04/03/97 Senate Recommitted to Committee on Finance SJ-12
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 20, 1997
S. 136
Introduced by Senator McConnell
S. Printed 2/20/97--S.
Read the first time January 14, 1997.
THE COMMITTEE ON FINANCE
To whom was referred a Bill (S. 136), to amend Section
12-36-2110, as amended, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
JOHN DRUMMOND, for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
This Bill would reduce state sales and use tax revenue by
approximately $121,000 per fiscal year. Of this total, $96,800 would
be a reduction in general fund revenue and $24,200 would be a
reduction in EIA Funds.
Based on a survey of the counties, we estimate that approximately
thirty self-propelled heavy-duty construction machines are purchased
annually, costing approximately $2.6 million.
Approved By:
Burnet R. Maybank, III
S.C. Department of Revenue
A BILL
TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
MAXIMUM TAX IMPOSED ON THE SALE OR LEASE OF
CERTAIN ITEMS, SO AS TO LIMIT TO THREE HUNDRED
DOLLARS THE MAXIMUM SALES TAX WHICH MAY BE
IMPOSED UPON SELF-PROPELLED HEAVY-DUTY
CONSTRUCTION EQUIPMENT PURCHASED BY A LOCAL
POLITICAL SUBDIVISION FOR THE PURPOSE OF
CONSTRUCTION OR MAINTENANCE OF ROADS AND
DRAINAGE.
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 last
amended by Act 431 of 1996, is further 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, and horse trailers 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 and self-propelled heavy-duty construction
equipment, more than one hundred sixty net engine horsepower, if
the heavy-duty construction equipment is purchased by a local
political subdivision for the purpose of building or maintaining roads
and drainage ditches.
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 be in writing and specifically state the term of, and
remain in force for, a period in excess of ninety continuous days."
SECTION 2. This act takes effect upon approval by the Governor.
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