S 0546 Joint Resolution, By J.M. Waddell, Bryan, Courson, Drummond, 
H.U. Fielding, Giese, F. Gilbert, J.C. Hayes, R.L. Helmly, D.L. Hinds, 
C.T. Hinson, Holland, Land, Leatherman, Leventis, J.M. Long, I.E. Lourie, 
A.S. Macaulay, J.A. Martin, S.S. Martschink, Matthews, McConnell, McGill, 
T.W. Mitchell, Moore, M.F. Mullinax, O'Dell, Passailaigue, Patterson, Peeler, 
T.H. Pope, Reese, M.T. Rose, Russell, Saleeby, Setzler, R.C. Shealy, H.C. Smith, 
J.V. Smith, N.W. Smith, H.S. Stilwell, Thomas, Washington, M.B. Williams and 
Wilson
 A Joint Resolution to provide that for taxpayers, personal representatives,
 and trustees who are in the regular military, reserves, or national guard and
 stationed overseas as a result of Operation Desert Shield, the South Carolina
 Tax Commission shall conform to the actions of the Internal Revenue Service
 and to amendments to the Internal Revenue Code of 1986 with respect to time
 for filing individual and fiduciary income tax returns and paying individual
 income and fiduciary income taxes, to extend this conformity to corporate
 income and license taxes where all corporate officers are stationed overseas
 as a result of Operation Desert Shield, to adopt federal provisions relating
 to the exclusion of certain compensation received while serving in a combat
 zone; and to extend the time for paying property taxes and filing property tax
 returns for those individuals.

   01/23/91  Senate Introduced, read first time, placed on calendar
                     without reference SJ-12
   01/23/91  Senate Unanimous consent for second reading on next
                     legislative day SJ-12
   01/23/91  Senate Unanimous consent for third reading on next
                     legislative day SJ-12
   01/24/91  Senate Read second time SJ-1
   01/25/91  Senate Read third time and sent to House SJ-1
   01/30/91  House  Point of order-Bills dealing with revenue must
                     originate in the House HJ-18
   01/30/91  House  Returned to the Senate HJ-19

January 23, 1991

S. 546

Introduced by SENATORS Waddell, Bryan, Courson, Drummond, Fielding, Gilbert, Giese, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Washington, Williams and Wilson

S. Printed 1\23\91--S.

Read the first time January 23, 1991.

A JOINT RESOLUTION

TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, TO ADOPT FEDERAL PROVISIONS RELATING TO THE EXCLUSION OF CERTAIN COMPENSATION RECEIVED WHILE SERVING IN A COMBAT ZONE; AND TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING POROPERTY TAX RETURNS FOR THOSE INDIVIDUALS.

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

SECTION 1. (A) In the case of a taxpayer, personal representative, or trustee who is a member of the regular military, reserves, or national guard and stationed overseas as a result of Operation Desert Shield, the South Carolina Tax Commission shall conform to the actions of the Internal Revenue Service and to amendments to the Internal Revenue Code of 1986 with respect to:

(1) extensions of time to file without penalty 1990 individual income tax returns and 1990 fiduciary income tax returns; and

(2) extensions of time to pay, including any waiver of penalties and interest, 1990 individual income taxes and 1990 fiduciary income taxes.

(B) The provisions of this section extend to corporate income and license tax returns and corporate income and license taxes where all corporate officers are in the regular military, reserves, or national guard and stationed overseas as a result of Operation Desert Shield.

SECTION 2. The exclusion from gross income of certain compensation received by members of the Armed Forces for the 1991 taxable year as a result of service in a combat zone allowed pursuant to Section 112 of the Internal Revenue Code of 1986 is considered an exclusion from South Carolina taxable income for the 1991 taxable year for those members of the Armed Forces allowed the federal exclusion. This section may not be construed to allow a double deduction.

SECTION 3. The time for payment of property taxes due or the time for filing property tax returns due on and after January 15, 1991, for individuals described in Section 1 is extended without penalty to June 15, 1991. If conditions warrant, the South Carolina Tax Commission may extend the filing and/or payment periods without penalty beyond June 15, 1991, but not beyond October 1, 1991.

SECTION 4. This joint resolution takes effect upon approval by the Governor.