S*1034 Session 108 (1989-1990)
S*1034(Rat #0659, Act #0538 of 1990) Joint Resolution, By J.M. Waddell,
S.S. Martschink, McConnell and Passailaigue
A Joint Resolution to extend the time for appeals of assessed value applicable
in the 1990 tax year of real property damaged by Hurricane Hugo located in
counties declared disaster areas, to toll the thirty-day period to appeal from
the county assessor to the county board of tax appeals from September 21,
1989, until ten days after the effective date of this Act in counties declared
disaster areas, to amend Section 12-37-970, as amended, Code of Laws of South
Carolina, 1976, relating to assessments and returns for property assessed by
the Tax Commission, so as to make returns due on the last day of the fourth
month rather than the fifteenth day of the fourth month following the close of
the taxable year, and to repeal Section 12-37-980, relating to extensions for
filing property tax returns.-amended title
01/09/90 Senate Introduced and read first time SJ-96
01/09/90 Senate Referred to Committee on Finance SJ-96
01/18/90 Senate Committee report: Favorable with amendment
Finance SJ-10
01/25/90 Senate Amended SJ-23
01/25/90 Senate Read second time SJ-24
01/25/90 Senate Ordered to third reading with notice of
amendments SJ-24
01/30/90 Senate Amended SJ-24
01/30/90 Senate Read third time and sent to House SJ-24
01/31/90 House Introduced and read first time HJ-12
01/31/90 House Referred to Committee on Ways and Means HJ-12
04/26/90 House Committee report: Favorable Ways and Means HJ-13
05/09/90 House Amended HJ-21
05/09/90 House Read second time HJ-22
05/10/90 House Read third time and returned to Senate with
amendments HJ-15
05/21/90 Senate House amendment amended SJ-2
05/21/90 Senate Returned to House with amendments SJ-2
05/30/90 House Concurred in Senate amendment and enrolled HJ-36
06/05/90 Ratified R 659
06/06/90 Signed By Governor
06/06/90 Effective date 06/06/90
06/06/90 Act No. 538
07/02/90 Copies available
(A538, R659, S1034)
A JOINT RESOLUTION TO EXTEND THE TIME FOR APPEALS OF ASSESSED VALUE
APPLICABLE IN THE 1990 TAX YEAR OF REAL PROPERTY DAMAGED BY HURRICANE
HUGO LOCATED IN COUNTIES DECLARED DISASTER AREAS, TO TOLL THE
THIRTY-DAY PERIOD TO APPEAL FROM THE COUNTY ASSESSOR TO THE COUNTY
BOARD OF TAX APPEALS FROM SEPTEMBER 21, 1989, UNTIL TEN DAYS AFTER THE
EFFECTIVE DATE OF THIS ACT IN COUNTIES DECLARED DISASTER AREAS; TO
AMEND SECTION 12-37-970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO ASSESSMENTS AND RETURNS FOR PROPERTY ASSESSED BY THE
TAX COMMISSION, SO AS TO MAKE RETURNS DUE ON THE LAST DAY OF THE
FOURTH MONTH RATHER THAN THE FIFTEENTH DAY OF THE FOURTH MONTH
FOLLOWING THE CLOSE OF THE TAXABLE YEAR; AND TO REPEAL SECTION
12-37-980 RELATING TO EXTENSIONS FOR FILING PROPERTY TAX RETURNS.
Be it enacted by the General Assembly of the State of South Carolina:
Appeals deadline extended
SECTION 1. For tax year 1990 only, the time for appeals of the
assessed value of real property damaged by Hurricane Hugo on September
21 and 22, 1989, is extended in those counties declared federal
disaster areas as a result of Hurricane Hugo from March 1, 1990, to
include the period ending on the thirtieth day after the date of the
tax notice on the property. Appeals filed during this extension may
be based only on changes in assessed value attributable to damage
caused by Hurricane Hugo, and the burden of proof of that fact is on
the taxpayer.
Appeals period tolled
SECTION 2. The running of the thirty-day period to file an appeal
of the decision of a county assessor to the county board of tax
appeals is tolled from September 21, 1989, until ten days after the
effective date of this act in those counties declared disaster areas
as a result of Hurricane Hugo.
Property tax returns
SECTION 3. A. The first paragraph of Section 12-37-970 of the
1976 Code, as last amended by Act 381 of 1988, is further amended to
read:
"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 last 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 of this title. 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."
B. The amendment to Section 12-37-970 of the 1976 Code
contained in this section is effective for tax years beginning after
1989.
Repeal
SECTION 4. A. Section 12-37-980 of the 1976 Code is repealed.
B. This section is effective for tax years beginning after
1989.
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 6th day of June, 1990.
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