H 3089 Session 110 (1993-1994)
H 3089 General Bill, By Simrill, Bailey, A.W. Byrd, Canty, Cato, Davenport,
Fair, T.L. Farr, Gamble, P.B. Harris, Harrison, Harvin, Haskins, D.N. Holt,
H.G. Hutson, M.H. Kinon, Lanford, Law, Littlejohn, C.V. Marchbanks, McMahand,
Meacham, Moody-Lawrence, J.H. Neal, Neilson, Phillips, Quinn, Riser,
J.S. Shissias, R. Smith, C.H. Stone, Stuart, Trotter, Vaughn, C.C. Wells,
Wilder, Wilkes, D. Williams, D.A. Wright and Young-Brickell
Similar(S 20, H 3114)
A Bill to amend Section 12-37-250, as amended, Code of Laws of South Carolina,
1976, relating to the homestead tax exemption, so as to increase the amount of
real property exempted from taxation from the first twenty thousand dollars of
fair market value to the first thirty thousand dollars.
01/13/93 House Introduced and read first time HJ-13
01/13/93 House Referred to Committee on Ways and Means HJ-13
A BILL
TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
HOMESTEAD TAX EXEMPTION, SO AS TO INCREASE THE
AMOUNT OF REAL PROPERTY EXEMPTED FROM TAXATION
FROM THE FIRST TWENTY THOUSAND DOLLARS OF FAIR
MARKET VALUE TO THE FIRST THIRTY THOUSAND
DOLLARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first paragraph of Section 12-37-250 of the 1976
Code, as last amended by Act 530 of 1990, is further amended to
read:
"The first twenty thirty thousand dollars of the
fair market value of the dwelling place of a person is exempt from
county, municipal, school, and special assessment real estate property
taxes when the person has been a resident of this State for at least one
year and has reached the age of sixty-five years on or before
December thirty-first, the person has been classified as totally and
permanently disabled by a state or federal agency having the function
of classifying persons, or the person is legally blind as defined in
Section 43-25-20, preceding the tax year in which the exemption is
claimed and holds complete fee simple title or a life estate to the
dwelling place. A person claiming to be totally and permanently
disabled, but who has not been classified by one of the agencies, may
apply to the State Agency of Vocational Rehabilitation. The agency
shall make an evaluation of the person using its own standards. The
exemption includes the dwelling place when jointly owned in complete
fee simple or life estate by husband and wife, and either has reached
sixty-five years of age, or is totally and permanently disabled, or
legally blind under this section, before January first of the tax year in
which the exemption is claimed, and either has been a resident of the
State for one year. The exemption must not be granted for the tax
year in which it is claimed unless the person or his agent makes
written application for the exemption before July sixteenth of that tax
year. If the person or his agent makes written application for the
exemption after July fifteenth, the exemption must not be granted
except for the succeeding tax year for a person qualifying under this
section when the application is made. However, if application is made
after July fifteenth of that tax year but before the first penalty date on
property taxes for that tax year by a person qualifying under this
section when the application is made, the taxes due for that tax year
must be reduced to reflect the exemption provided in this section. The
application for the exemption must be made to the auditor of the
county and to the governing body of the municipality in which the
dwelling place is located upon forms provided by the county and
municipality and approved by the Comptroller General, and a failure
to apply constitutes a waiver of the exemption for that year.
Beginning with tax year 1979 the auditor, as directed by the
Comptroller General, shall notify the municipality of all applications
for a homestead exemption within the municipality and the
information necessary to calculate the amount of the exemption.
`Dwelling place' means the permanent home and legal residence of the
applicant."
SECTION 2. This act takes effect upon approval by the Governor
and is effective for tax years beginning after 1992.
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