H*2573 Session 107 (1987-1988)
H*2573(Rat #0408, Act #0381 of 1988) General Bill, By J.C. Johnson
A Bill to amend Section 12-37-970, as amended, Code of Laws of South Carolina,
1976, relating to the assessment and return of merchants and manufacturers'
property to the Tax Commission for ad valorem tax purposes so as to provide
that the Tax Commission shall forward the assessments prepared as a result of
the returns submitted pursuant to this Section to the appropriate local taxing
authorities no later than August fifteenth of the applicable tax year; to
amend Section 12-43-210, relating to county equalization and reassessment
programs, so as to provide that no reassessment program may be implemented in
a county unless all real property in the county, including real property
classified as manufacturing property, is reassessed in the same year; to amend
Section 12-43-280, relating to the provision that total ad valorem taxes may
not be increased more than one percent as a result of equalization and
reassessment, so as to require the Tax Commission to take certain actions to
insure compliance with this provision; to amend Section 12-43-290, relating to
political subdivisions being allowed to increase millage for specified
purposes above certain limits, so as to require tax notices to reflect certain
additional information in regard to this exception; to amend Section
12-43-300, relating to written notices to owners of certain assessments or
reassessments of property for tax purposes, so as to further provide for the
time within which this notice must be sent in nonreassessment and reassessment
years, to provide that if timely notice is not given, the prior year's
assessed value is the basis for the current year's assessment, to further
provide for the contents of this notice, to extend the time for the owner to
file an appeal therefrom, to provide that a county governing body by ordinance
may extend the time for filing and objection to reassessments within the
county, and to provide that the above changes to Sections 12-43-210,
12-43-280, 12-43-290, and 12-43-300 are effective for taxable years beginning
after 1988.-amended title
03/03/87 House Introduced and read first time HJ-801
03/03/87 House Referred to Committee on Ways and Means HJ-802
04/16/87 House Committee report: Favorable Ways and Means HJ-1957
04/22/87 House Read second time HJ-2073
04/23/87 House Read third time and sent to Senate HJ-2124
04/28/87 Senate Introduced and read first time SJ-1528
04/28/87 Senate Referred to Committee on Finance SJ-1528
01/26/88 Senate Committee report: Favorable with amendment
Finance SJ-30
01/28/88 Senate Amended SJ-42
01/28/88 Senate Read second time SJ-47
01/28/88 Senate Unanimous consent for third reading on next
legislative day SJ-47
01/29/88 Senate Read third time SJ-1
01/29/88 Senate Returned SJ-1
02/10/88 House Senate amendment amended HJ-1049
02/10/88 House Returned HJ-1052
02/11/88 Senate Non-concurrence in House amendment SJ-24
02/16/88 House House insists upon amendment and conference
committee appointed Reps. JC Johnson, MO
Alexander & Kirsh HJ-1173
02/17/88 Senate Conference committee appointed Sens. Verne Smith,
Mitchell, and Thomas SJ-5
02/23/88 House Free conference powers granted HJ-1351
02/23/88 House Free conference committee appointed JC Johnson,
MO Alexander & Kirsh HJ-1352
02/24/88 House Free conference report received HJ-1458
02/24/88 House Free conference report adopted HJ-1461
02/25/88 Senate Free conference committee appointed Sens. Verne
Smith, Mitchell and Thomas SJ-18
02/25/88 Senate Free conference report received SJ-20
02/25/88 Senate Free conference report adopted SJ-22
02/25/88 Senate Ordered enrolled for ratification SJ-22
03/08/88 Ratified R 408
03/14/88 Signed By Governor
03/14/88 Effective date 03/14/88
03/14/88 Act No. 381
03/14/88 See act for exception to or explanation of
effective date
03/22/88 Copies available
(A381, R408, H2573)
AN ACT TO AMEND SECTION 12-37-970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS' AND MANUFACTURERS'
PROPERTY TO THE TAX COMMISSION FOR AD VALOREM TAX PURPOSES, SO AS TO PROVIDE THAT
THE TAX COMMISSION SHALL FORWARD THE ASSESSMENTS PREPARED AS A RESULT OF THE
RETURNS SUBMITTED PURSUANT TO THIS SECTION TO THE APPROPRIATE LOCAL TAXING
AUTHORITIES NO LATER THAN AUGUST FIFTEENTH OF THE APPLICABLE TAX YEAR; TO AMEND
SECTION 12-43-210, RELATING TO COUNTY EQUALIZATION AND REASSESSMENT PROGRAMS, SO
AS TO PROVIDE THAT NO REASSESSMENT PROGRAM MAY BE IMPLEMENTED IN A COUNTY UNLESS
ALL REAL PROPERTY IN THE COUNTY, INCLUDING REAL PROPERTY CLASSIFIED AS
MANUFACTURING PROPERTY, IS REASSESSED IN THE SAME YEAR; TO AMEND SECTION
12-43-280, RELATING TO THE PROVISION THAT TOTAL AD VALOREM TAXES MAY NOT BE
INCREASED MORE THAN ONE PERCENT AS A RESULT OF EQUALIZATION AND REASSESSMENT, SO
AS TO REQUIRE THE TAX COMMISSION TO TAKE CERTAIN ACTIONS TO INSURE COMPLIANCE
WITH THIS PROVISION; TO AMEND SECTION 12-43-290, RELATING TO POLITICAL
SUBDIVISIONS BEING ALLOWED TO INCREASE MILLAGE FOR SPECIFIED PURPOSES ABOVE
CERTAIN LIMITS, SO AS TO REQUIRE TAX NOTICES TO REFLECT CERTAIN ADDITIONAL
INFORMATION IN REGARD TO THIS EXCEPTION; TO AMEND SECTION 12-43-300, RELATING TO
WRITTEN NOTICES TO OWNERS OF CERTAIN ASSESSMENTS OR REASSESSMENTS OF PROPERTY FOR
TAX PURPOSES, SO AS TO FURTHER PROVIDE FOR THE TIME WITHIN WHICH THIS NOTICE MUST
BE SENT IN NONREASSESSMENT AND REASSESSMENT YEARS, TO PROVIDE THAT IF TIMELY
NOTICE IS NOT GIVEN, THE PRIOR YEAR'S ASSESSED VALUE IS THE BASIS FOR THE CURRENT
YEAR'S ASSESSMENT, TO FURTHER PROVIDE FOR THE CONTENTS OF THIS NOTICE, TO EXTEND
THE TIME FOR THE OWNER TO FILE AN APPEAL THEREFROM, TO PROVIDE THAT A COUNTY
GOVERNING BODY BY ORDINANCE MAY EXTEND THE TIME FOR FILING AN OBJECTION TO
REASSESSMENTS WITHIN THE COUNTY, AND TO PROVIDE THAT THE ABOVE CHANGES TO
SECTIONS 12-43-210, 12-43-280, 12-43-290, AND 12-43-300 ARE EFFECTIVE FOR TAXABLE
YEARS BEGINNING AFTER 1988.
Be it enacted by the General Assembly of the State of South Carolina:
Date for submission to local officials
SECTION 1. Section 12-37-970 of the 1976 Code, as last amended by an act of 1988,
bearing Ratification Number 358, is further amended to read:
"Section 12-37-970. The assessment for property taxation of merchants'
inventories, equipment, furniture and fixtures, and manufacturers' real and
tangible personal property, and the machinery, equipment, furniture and fixtures
of all other taxpayers required to file returns with the South Carolina Tax
Commission for purposes of assessment for property taxation, must be determined
by the Commission from property tax returns submitted by the taxpayers to the
Commission on or before the fifteenth 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, Title 12. The Commission by regulation shall
prescribe the form of return required by this section, the information to be
contained in it, and the manner in which the returns must be submitted. Every
taxpayer required to make return to the Commission of property for assessment for
property taxation must make the return to the Commission not less than once each
calendar year. Whenever by a change of accounting period or otherwise more than
one accounting period ends within any one calendar year, the taxpayer must make
one such return within the prescribed time for filing following the end of each
of the accounting periods and the Commission shall determine the assessment from
the return setting forth the greatest value.
When property required to be returned as herein provided is sold after the end
of the seller's accounting year and before January first next ensuing and when
the purchaser's accounting year ends after the seller's and before January first
next ensuing, the property must be returned by the seller as of the end of his
accounting period. The purchaser is not required to list and return the property
as of the close of his accounting period during the calendar year of sale. The
seller and the purchaser are jointly and singularly liable for the tax that is
due and payable by reason of this provision. The provision of this section does
not apply to motor vehicles licensed for use on public highways.
When property required to be returned as provided in this section is sold
before the end of the seller's accounting year and before January first next
ensuing and when the purchaser's accounting year ends before the date of purchase
and before January first next ensuing, the property must be listed and returned
by the taxpayer holding title as of December thirty-first and is liable for the
tax for the ensuing year.
The Tax Commission shall forward the assessments prepared as a result of the
returns submitted pursuant to this section to the appropriate local taxing
authorities no later than August fifteenth of the applicable tax year."
All property must be reassessed
SECTION 2. Section 12-43-300 of the 1976 Code is amended to read:
"Section 12-43-300. (A) Whenever the market value estimate of any property
is fixed by the assessor at a sum greater by one thousand dollars or more than
the amount returned by the owner or his agent, or whenever any property is valued
and assessed for taxation which has not been returned or assessed previously, the
assessor shall, on or before July first, or as soon thereafter as may be
practicable, in the year in which the valuation and assessment is made give
written notice thereof to the owner of the property or his agent. In reassessment
years, the written reassessment notice to owners or agents must be given by July
first. If there is no timely written notice, the prior year's assessed value must
be the basis for assessment for the current taxable year. The notice must include
the prior market value, the total market value estimate, the value estimate if
applicable, the assessment ratio, the total new assessment, the percentage
changes over the prior market value, if there is no change in use or physical
characteristics of the property, number of acres or lots, location of property,
tax map, appeal procedure, and other pertinent ownership and legal description
data required by the South Carolina Tax Commission. The notice may be served upon
the owner or his agent personally or by mailing it to the owner or his agent at
his last known place of residence which may be determined from the most recent
listing in the applicable telephone directory, South Carolina Department of
Highways and Public Transportation Motor Vehicle Registration List, county
treasurer's records, or official notice from the property owner or his agent. The
owner or his agent, if he objects to the valuation and assessment, shall serve
written notice of his objection upon the assessor within thirty days of the date
of the mailing of the notice. In years when there is no notice of appraisal
because of a less than one thousand dollar change or no change in the appraised
or assessed value, the owner or agent has until March first to serve written
notice of objection upon the assessor of the appraised or assessed value. In
those years, failure to serve written notice of objection by March first
constitutes a waiver of the owner's right of appeal for that tax year and the
assessor is not required to review any request filed after March first. The
assessor shall then schedule a conference with the owner or agent within twenty
days of receipt of the notice. If the assessor requests it, the owner, within
thirty days after the conference, shall complete and return to the assessor the
form as may be approved by the Commission relating to the owner's property and
the reasons for his objection. Within thirty days after the conference, or as
soon thereafter as practicable, the assessor shall mail written notice of his
action upon the objection to the owner. The owner or agent, if still aggrieved
by the valuation and assessment, may appeal from the action to the Board of
Assessment Appeals by giving written notice of the appeal and the grounds thereof
to the assessor within thirty days from the date of the mailing of the notice.
The assessor shall notify promptly the Board of Assessment Appeals of the appeal.
(B) The governing body of the county may by ordinance extend the time for
filing an objection to the valuation and assessment of real property resulting
from reassessment within a county.
(C) The Commission shall prescribe a standard reassessment form designed to
contain the information required in subsection (A) in a manner that may be
understood easily."
Tax Commission to insure compliance
SECTION 3. Section 12-43-280 of the 1976 Code is amended to read:
"Section 12-43-280. (A) Upon completion of an equalization and
reassessment program as required by this article, the total ad valorem tax, for
any county, school district, municipality, or any other political subdivision,
may not exceed the total ad valorem tax of the county, school district,
municipality, or any other political subdivision for the year immediately prior
to completion by more than one percent, if the increase in total taxes was caused
by the equalization and reassessment provided by this article. This does not
prohibit an increase in the total ad valorem tax as a result of the assessments
added for property or improvements not previously taxed, for new construction,
or for renovation of existing structures taking place during the reassessment
period.
(B) The Tax Commission shall review ad valorem tax collections in each county
for reassessment years to insure compliance with the limitation imposed by this
section. The Commission shall promptly notify the governing body of the county
if the limit has been exceeded and the total amount of any increased tax
collections resulting solely from the program of equalization and reassessment.
The governing body of the county shall immediately transfer that total amount to
a separate, segregated fund, which must be used to roll back the tax millage in
the following year."
Tax notices to include itemizations
SECTION 4. Section 12-43-210 of the 1976 Code is amended to read:
"Section 12-43-210. (A) All property must be assessed uniformly and
equitably throughout the State. The South Carolina Tax Commission shall
promulgate regulations to insure equalization which must be adhered to by all
assessing officials in the State.
(B) No reassessment program may be implemented in a county unless all real
property in the county, including real property classified as manufacturing
property, is reassessed in the same year."
Reassessment notices and procedures revised
SECTION 5. Section 12-43-290 of the 1976 Code is amended to read:
"Section 12-43-290. The limitations set forth in Sections 12-43-270 and
12-43-280 do not prohibit any county, school district, municipality, or any other
political subdivision from increasing the millage on all taxable property for the
purpose of obtaining additional monies for increased or new services provided for
the taxpayers of the county, school district, municipality, or any other
political subdivision. If there is an increase of this nature, the tax notice
must include a separate itemization of each increased or new service and the
resulting millage change and must clearly distinguish between a millage change
made pursuant to Sections 12-43-270 or 12-43-280 and a millage change made
pursuant to this section."
Time effective
SECTION 6. This act takes effect upon approval by the Governor, except that the
amendments to Sections 12-43-210, 12-43-280, 12-43-290, and 12-43-300 of the 1976
Code in this act are effective for taxable years beginning after 1988. |