H 4742 General Bill, By McLeod
 A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO THE MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON
 VARIOUS ITEMS OF TANGIBLE PERSONAL PROPERTY, INCLUDING MOTOR VEHICLES, SO AS
 TO IN ALL INSTANCES RAISE THE MAXIMUM TAX FROM THREE HUNDRED TO FIVE HUNDRED
 DOLLARS.

   02/14/02  House  Introduced and read first time HJ-13
   02/14/02  House  Referred to Committee on Ways and Means HJ-13

TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON VARIOUS ITEMS OF TANGIBLE PERSONAL PROPERTY, INCLUDING MOTOR VEHICLES, SO AS TO IN ALL INSTANCES RAISE THE MAXIMUM TAX FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS.

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

SECTION    1.    Section 12-36-2110 of the 1976 Code, as last amended by Act 283 of 2000, is further amended to read:

    "Section 12-36-2110.    (A)    The maximum tax imposed by this chapter is three five hundred dollars for each sale made or lease executed after June 30, 1984, or lease executed after August 31, 1985 2002, 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.

    In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three five 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.

    (B)    For the sale of a manufactured home, as defined in Section 40-29-20, the tax is calculated as follows:

        (1)    subtract trade-in allowance from the sales price;

        (2)    multiply the result from (1) by sixty-five percent;

        (3)    if the result from (2) is no greater than six ten thousand dollars, multiply by five percent for the amount of tax due;

        (4)    if the result from (2) is greater than six ten thousand dollars, the tax due is three five hundred dollars plus two percent of the amount greater than six ten thousand dollars.

    However, a manufactured home is exempt from any tax that may be due above three five hundred dollars as a result of the calculation in item (4) if it meets these energy efficiency levels: storm or double pane glass windows, insulated or storm doors, a minimum thermal resistance rating of the insulation only of R-11 for walls, R-19 for floors, and R-30 for ceilings. However, variations in the energy efficiency levels for walls, floors, and ceilings are allowed and the exemption on tax due above three five hundred dollars applies if the total heat loss does not exceed that calculated using the levels of R-11 for walls, R-19 for floors, and R-30 for ceilings. The edition of the American Society of Heating, Refrigerating, and Air Conditioning Engineers Guide in effect at the time is the source for heat loss calculation. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold which contains the above calculations and verifying whether or not the manufactured home met the energy efficiency levels provided for in this subsection. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office.

    (C)    For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is three five hundred dollars. The musical instrument or office equipment must be located on church property and used exclusively for the organizations exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the department. The affidavit must be retained by the seller.

    (D)    Repealed.

    (E)    Equipment provided, supplied, or installed on a firefighting vehicle is included with the vehicle for purposes of calculating the maximum tax due under this section."

SECTION    2.    This act takes effect July 1, 2002, and applies only to sales made and leases executed after June 30, 2002, of tangible personal property.