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H 5028 Session 114 (2001-2002)
H 5028 General Bill, By Vaughn and Kirsh
A BILL TO AMEND SECTION 12-2-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE DEFINITION OF "PERSON" FOR TAXATION PURPOSES, SO AS TO PROVIDE
THAT THE DEFINITION APPLIES NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES
WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO
AMEND SECTION 12-2-25, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO
LIMITED LIABILITY COMPANIES AND SINGLE-MEMBER LIMITED LIABILITY COMPANIES, SO
AS TO PROVIDE THAT THE DEFINITIONS APPLY NOT ONLY IN TITLE 12, BUT ALSO IN
OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT
OF REVENUE; TO AMEND SECTION 12-6-3310, RELATING TO GENERAL PROVISIONS
RELATING TO STATE INCOME TAX CREDITS, SO AS TO PROVIDE THE METHOD WHEREBY
CREDITS ARE USED IN THE CASE OF A SUBCHAPTER "S" CORPORATION, LIMITED
LIABILITY COMPANY TAXED AS A PARTNERSHIP, AND A PARTNERSHIP; TO REDESIGNATE
SECTION 12-6-3365, RELATING TO THE CORPORATE INCOME TAX MORATORIUM AS SECTION
12-6-535 AND AMEND THE REDESIGNATED SECTION TO CLARIFY THE CALCULATION OF THE
UNEMPLOYMENT DATA NECESSARY FOR ELIGIBILITY FOR THE MORATORIUM, AND TO REPEAL
SECTION 12-10-35 RELATING TO A SIMILAR STATE CORPORATE INCOME TAX CREDIT; TO
AMEND SECTION 12-6-3910, RELATING TO ESTIMATED TAX PAYMENTS SO AS TO CHANGE
THE FIRST QUARTER INSTALLMENT PAYMENT DUE DATE FOR CALENDAR YEAR CORPORATIONS
AND TO PROVIDE FOR THE INCLUSION OF LICENSE FEES IN THE ESTIMATED TAX
PAYMENTS; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSIONS OF TIME FOR
FILING TAX RETURNS SO AS TO REMOVE THE REQUIREMENT THAT A CORPORATE TAXPAYER
SEPARATELY APPLIES TO THE DEPARTMENT OF REVENUE FOR AN EXTENSION OF TIME TO
FILE A STATE RETURN EVEN THOUGH IT IS NOT REQUIRED TO MAKE A TAX PAYMENT AT
THE TIME OF THE EXTENSION AND HAS BEEN GRANTED AN EXTENSION OF TIME TO FILE A
FEDERAL RETURN; TO AMEND SECTION 12-20-20, RELATING TO CORPORATE EXTENSIONS OF
TIME TO FILE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; AND TO
AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF DECLARATION OF
ESTIMATED TAX, SO AS TO DELETE DUPLICATIVE PROVISIONS; TO AMEND SECTION
12-8-580, AS AMENDED, RELATING TO STATE INCOME TAX WITHHOLDING ON PROCEEDS OF
THE SALE OF REAL PROPERTY BY NONRESIDENTS, SO AS TO CONFORM THE CALCULATION OF
AMOUNTS SUBJECT TO WITHHOLDING TO THE PROVISIONS OF THE INTERNAL REVENUE CODE
OF 1986 ALLOWING THE EXCLUSION FROM TAXABLE INCOME OF A PORTION OF THE GAIN ON
THE SALE OF A PRINCIPAL RESIDENCE AND TO ALLOW THE DEPARTMENT OF REVENUE TO
REVOKE EXEMPTIONS FROM WITHHOLDING ALLOWED FOR CERTAIN TRANSACTIONS IF THE
DEPARTMENT DETERMINES THE NONRESIDENT IS NOT COOPERATING IN THE DETERMINATION
OF THE TAXPAYER'S SOUTH CAROLINA INCOME TAX LIABILITY; TO AMEND SECTION
12-8-2020, RELATING TO THE LIABILITY OF A STATE INCOME TAX WITHHOLDING AGENT
TO WITHHOLD AND PAY OVER TAX, SO AS TO DELETE A PROVISION ALLOWING A TAXPAYER
TO APPLY FOR A REFUND OF AN OVERPAYMENT OF WITHHOLDING; TO AMEND SECTION
12-60-470, RELATING TO THE CLAIMS FOR REFUNDS FOR STATE TAXES, SO AS TO REVISE
PROVISIONS APPLICABLE TO THE ASSIGNMENT OF CLAIMS FOR REFUND; TO AMEND SECTION
12-13-50, RELATING TO EXCEPTIONS FROM THE BUILDING AND LOAN ASSOCIATION INCOME
TAX, SO AS TO PROVIDE THAT PAYMENT OF THE INCOME TAX PROVIDED IN CHAPTER 13,
TITLE 12 SHALL NOT BE IN LIEU OF DEED RECORDING FEES; TO AMEND SECTIONS
12-13-70, 12-20-150, 12-28-940, 12-43-210, AND 12-43-230, RELATING TO THE
ADMINISTRATION OF THE DEPARTMENT OF REVENUE, THE COMPUTATION OF MOTOR FUEL
TAXES, THE ESTABLISHMENT OF UNIFORM AND EQUITABLE TAX ASSESSM
04/04/02 House Introduced and read first time HJ-43
04/04/02 House Referred to Committee on Ways and Means HJ-48
A BILL
TO AMEND SECTION 12-2-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "PERSON" FOR TAXATION PURPOSES, SO AS TO PROVIDE THAT THE DEFINITION APPLIES NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-2-25, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO LIMITED LIABILITY COMPANIES AND SINGLE-MEMBER LIMITED LIABILITY COMPANIES, SO AS TO PROVIDE THAT THE DEFINITIONS APPLY NOT ONLY IN TITLE 12, BUT ALSO IN OTHER TITLES WHICH PROVIDE FOR TAXES THAT ARE ADMINISTERED BY THE DEPARTMENT OF REVENUE; TO AMEND SECTION 12-6-3310, RELATING TO GENERAL PROVISIONS RELATING TO STATE INCOME TAX CREDITS, SO AS TO PROVIDE THE METHOD WHEREBY CREDITS ARE USED IN THE CASE OF A SUBCHAPTER "S" CORPORATION, LIMITED LIABILITY COMPANY TAXED AS A PARTNERSHIP, AND A PARTNERSHIP; TO REDESIGNATE SECTION 12-6-3365, RELATING TO THE CORPORATE INCOME TAX MORATORIUM AS SECTION 12-6-535 AND AMEND THE REDESIGNATED SECTION TO CLARIFY THE CALCULATION OF THE UNEMPLOYMENT DATA NECESSARY FOR ELIGIBILITY FOR THE MORATORIUM, AND TO REPEAL SECTION 12-10-35 RELATING TO A SIMILAR STATE CORPORATE INCOME TAX CREDIT; TO AMEND SECTION 12-6-3910, RELATING TO ESTIMATED TAX PAYMENTS SO AS TO CHANGE THE FIRST QUARTER INSTALLMENT PAYMENT DUE DATE FOR CALENDAR YEAR CORPORATIONS AND TO PROVIDE FOR THE INCLUSION OF LICENSE FEES IN THE ESTIMATED TAX PAYMENTS; TO AMEND SECTION 12-6-4980, RELATING TO EXTENSIONS OF TIME FOR FILING TAX RETURNS SO AS TO REMOVE THE REQUIREMENT THAT A CORPORATE TAXPAYER SEPARATELY APPLIES TO THE DEPARTMENT OF REVENUE FOR AN EXTENSION OF TIME TO FILE A STATE RETURN EVEN THOUGH IT IS NOT REQUIRED TO MAKE A TAX PAYMENT AT THE TIME OF THE EXTENSION AND HAS BEEN GRANTED AN EXTENSION OF TIME TO FILE A FEDERAL RETURN; TO AMEND SECTION 12-20-20, RELATING TO CORPORATE EXTENSIONS OF TIME TO FILE ANNUAL REPORTS, SO AS TO MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 12-54-55, RELATING TO INTEREST ON UNDERPAYMENT OF DECLARATION OF ESTIMATED TAX, SO AS TO DELETE DUPLICATIVE PROVISIONS; TO AMEND SECTION 12-8-580, AS AMENDED, RELATING TO STATE INCOME TAX WITHHOLDING ON PROCEEDS OF THE SALE OF REAL PROPERTY BY NONRESIDENTS, SO AS TO CONFORM THE CALCULATION OF AMOUNTS SUBJECT TO WITHHOLDING TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 ALLOWING THE EXCLUSION FROM TAXABLE INCOME OF A PORTION OF THE GAIN ON THE SALE OF A PRINCIPAL RESIDENCE AND TO ALLOW THE DEPARTMENT OF REVENUE TO REVOKE EXEMPTIONS FROM WITHHOLDING ALLOWED FOR CERTAIN TRANSACTIONS IF THE DEPARTMENT DETERMINES THE NONRESIDENT IS NOT COOPERATING IN THE DETERMINATION OF THE TAXPAYER'S SOUTH CAROLINA INCOME TAX LIABILITY; TO AMEND SECTION 12-8-2020, RELATING TO THE LIABILITY OF A STATE INCOME TAX WITHHOLDING AGENT TO WITHHOLD AND PAY OVER TAX, SO AS TO DELETE A PROVISION ALLOWING A TAXPAYER TO APPLY FOR A REFUND OF AN OVERPAYMENT OF WITHHOLDING; TO AMEND SECTION 12-60-470, RELATING TO THE CLAIMS FOR REFUNDS FOR STATE TAXES, SO AS TO REVISE PROVISIONS APPLICABLE TO THE ASSIGNMENT OF CLAIMS FOR REFUND; TO AMEND SECTION 12-13-50, RELATING TO EXCEPTIONS FROM THE BUILDING AND LOAN ASSOCIATION INCOME TAX, SO AS TO PROVIDE THAT PAYMENT OF THE INCOME TAX PROVIDED IN CHAPTER 13, TITLE 12 SHALL NOT BE IN LIEU OF DEED RECORDING FEES; TO AMEND SECTIONS 12-13-70, 12-20-150, 12-28-940, 12-43-210, AND 12-43-230, RELATING TO THE ADMINISTRATION OF THE DEPARTMENT OF REVENUE, THE COMPUTATION OF MOTOR FUEL TAXES, THE ESTABLISHMENT OF UNIFORM AND EQUITABLE TAX ASSESSMENTS, AND THE PROMULGATION OF DEFINITIONAL REGULATIONS TO FACILITATE THE ESTABLISHMENT OF UNIFORM TAX ASSESSMENTS, SO AS TO CHANGE THE DEPARTMENT'S DUTY TO PROMULGATE REGULATIONS FROM MANDATORY TO PERMISSIVE, TO CLARIFY THE DEPARTMENT'S AUTHORITY TO ISSUE ADVISORY OPINIONS, AND TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 12-6-540, RELATING TO THE STATE INCOME TAX RATES APPLICABLE TO EXEMPT ORGANIZATIONS AND COOPERATIVES, SO AS TO PROVIDE A SPECIFIC REFERENCE TO THE TAX RATE APPLICABLE TO HOMEOWNERS' ASSOCIATIONS; TO AMEND SECTION 12-6-3415, RELATING TO THE STATE INCOME CREDIT FOR RESEARCH AND DEVELOPMENT EXPENSES, SO AS TO CLARIFY THE EXPENSES QUALIFYING FOR THE CREDIT; TO AMEND SECTION 59-20-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DATE THE DEPARTMENT OF REVENUE FURNISHES THE PRELIMINARY INDEX OF TAXPAYING ABILITY; TO AMEND SECTION 12-56-20, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE SET-OFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITIONS OF "CLAIMANT AGENCY" TO OTHER STATES AND POLITICAL SUBDIVISIONS OF THOSE STATES AND TO THE UNITED STATES; TO AMEND SECTIONS 12-36-910, AND 12-36-1310, BOTH AS AMENDED, RELATING TO THE SPECIAL IMPOSITION OF THE SALES ON LAUNDRY SERVICES, COMMUNICATIONS SERVICES, ELECTRICITY, AND MANUFACTURER-CONSUMED GOODS AND IMPOSITION OF THE USE TAX, SO AS TO CLARIFY THE IMPOSITION OF THE TAX ON PREPAID WIRELESS CALLING ARRANGEMENTS AND TO REVISE THE DATE FOR SOURCING MOBILE TELECOMMUNICATIONS SERVICES UNDER THE MOBILE TELECOMMUNICATIONS SOURCING ACT; TO AMEND SECTION 12-36-2510, RELATING TO THE CERTIFICATE ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE FOR A BUSINESS WHICH BY ITS NATURE, IN THE DEPARTMENT'S OPINION, MAKES IT IMPRACTICABLE TO ACCOUNT FOR SALES AND USE TAX AT THE TIME OF PURCHASE, SO AS TO PROVIDE FOR ADDITIONAL EXEMPTION CERTIFICATES IN THE CIRCUMSTANCES AND PROVIDE THE METHOD FOR THE USE OF THESE CERTIFICATES; TO AMEND SECTION 12-37-970, RELATING TO THE ASSESSMENT AND RETURN OF MERCHANTS' INVENTORIES, MACHINERY, EQUIPMENT, FURNITURE AND FIXTURES, COMMERCIAL BOATS, AND MANUFACTURERS' REAL AND PERSONAL PROPERTY TO THE DEPARTMENT OF REVENUE, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 12-37-2840, AS AMENDED, RELATING TO PROPERTY TAX RETURNS FOR PURPOSES OF THE PROPERTY TAX ON MOTOR CARRIERS, SO AS TO PROVIDE A DUE DATE FOR PENALTIES ASSESSED AND TO DELETE OBSOLETE REFERENCES TO METHODS OF PAYMENT; BY ADDING SECTION 12-54-124 SO AS TO PROVIDE THAT ACCRUED TAXES ON A BUSINESS ARE A LIEN ON THE ASSETS OF THE BUSINESS IN THE HANDS OF A PURCHASER OR TRANSFEREE OF A MAJORITY OF THE NONCASH ASSETS OF THE BUSINESS, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY NOT ISSUE A LICENSE TO CONTINUE THE BUSINESS UNTIL ALL TAXES ARE PAID AND MAY REVOKE A LICENSE ISSUED IN VIOLATION OF THIS SECTION, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY IF THE PURCHASER RECEIVES A CERTIFICATE OF COMPLIANCE FROM THE DEPARTMENT OF REVENUE WITHIN A PERIOD BEGINNING THIRTY DAYS BEFORE THE SALE; BY ADDING SECTION 12-54-270 SO AS TO PROVIDE THAT ALL TAXES ARE DUE AT THE TIME OF THE SALE OF A BUSINESS, TO PROVIDE FOR A LIEN ON THE BUSINESS TANGIBLE PROPERTY IN THE AMOUNT OF TAXES DUE, AND TO DEFINE "SALE OF BUSINESS"; TO AMEND SECTION 12-54-110, RELATING TO THE POWER OF THE DEPARTMENT OF REVENUE TO SUMMON A TAXPAYER OR OTHERS, SO AS TO INCLUDE TAX MATTERS AND OTHER MATTERS ADMINISTERED BY THE DEPARTMENT; TO AMEND SECTION 12-54-122, RELATING TO NOTICE OF A TAX LIEN, SO AS TO PROVIDE FOR A CENTRAL FILING OF STATEWIDE TAX LIENS WITH THE DEPARTMENT, WITH ACCESS TO THE PUBLIC; TO AMEND SECTION 12-54-195, RELATING TO THE REMITTANCE BY A RESPONSIBLE PERSON OF A TAX COLLECTED FOR THE DEPARTMENT, SO AS TO PROVIDE FOR A PENALTY AND INTEREST ASSESSMENT AGAINST A RESPONSIBLE PERSON WHO FAILS TO REMIT A LOCAL OR STATE SALES OR USE TAX TO THE DEPARTMENT; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE COLLECTIONS, SO AS TO CHANGE THE PERIOD FOR A DELINQUENCY FROM SIX MONTHS TO THREE MONTHS; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO PROHIBITION OF DISCLOSURE OF RECORDS AND REPORTS FILED WITH THE DEPARTMENT, SO AS TO PROVIDE EXCEPTIONS FOR DISCLOSURE OF AN ASSESSMENT AND FOR INFORMATION TO DEPARTMENT EMPLOYEES, COLLECTION AGENCIES, AND DEPARTMENT CONTRACTORS, AND TO CORRECT CROSS REFERENCES; TO AMEND SECTION 12-36-530, SO AS TO DELETE REFERENCES TO TAXES DUE UPON THE SALE OF BUSINESS; TO AMEND SECTION 12-37-2810, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROPERTY TAX ON MOTOR CARRIERS, SO AS TO CLARIFY THAT THE DEFINITION OF MOTOR VEHICLE ALSO EXTENDS TO OTHERWISE QUALIFYING VEHICLES THAT TRANSPORT PERSONS AND TO VEHICLES AVAILABLE FOR USE; AND TO AMEND SECTION 12-37-2830, RELATING TO THE DETERMINATION OF VALUE FOR PURPOSES OF THE PROPERTY TAX ON MOTOR CARRIERS, SO AS TO PROVIDE THAT A VEHICLE WITH NO INCREASE IN MILEAGE FROM THE PRECEDING YEAR AND WHICH IS AVAILABLE FOR USE IS DEEMED TO HAVE INCURRED ALL MILEAGE IN THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-2-20 of the 1976 Code is amended to read:
"Section 12-2-20. As used in this title and in other titles which provide for taxes administered by the department and unless otherwise required by the context, the term 'person' includes an individual, a trust, estate, partnership, receiver, association, company, limited liability company, corporation, or any other entity or group."
SECTION 2. Section 12-2-25(A) of the 1976 Code is amended to read:
"(A) As used in this title and in other titles which provide for taxes administered by the department and unless otherwise required by the context:
(1) 'partnership' includes a limited liability company taxed for South Carolina income tax purposes as a partnership;
(2) 'partner' includes a member of a limited liability company taxed for South Carolina income tax purposes as a partnership;
(3) 'corporation' includes a limited liability company or professional or other association taxed for South Carolina income tax purposes as a corporation; and
(4) 'shareholder' includes a member of a limited liability company taxed for South Carolina income tax purposes as a corporation."
SECTION 3. Section 12-6-3310 of the 1976 Code is amended to read:
"Section 12-6-3310. (A) All credits allowed in this article are nonrefundable and useable only in the year generated unless otherwise provided.
(B)(1) Unless specifically prohibited, an 'S' corporation, limited liability company taxed as a partnership, or partnership that qualifies for a credit under this article may pass through the credit earned to each shareholder of the 'S' corporation, member of the limited liability company, or partner of the partnership.
(2) Any credit earned by an 'S' corporation owing corporate level income tax first must be used at the entity level. Only the remaining credit passes through to the shareholders of the 'S' corporation.
(3) The amount of the credit allowed a shareholder, partner, or member is equal to the shareholder's percentage of stock ownership, partner's interest in the partnership, or member's interest in the limited liability company for the taxable year multiplied by the amount of the credit earned by the entity and available for pass through, and any limitations upon income tax liability that can be reduced by use of a credit are computed based on the shareholder's, partner's, or member's tax liability. The credit is allowed against the type of tax or taxes specifically provided by the credit in this article."
SECTION 4. A. Section 12-6-3365 of the 1976 Code is redesignated as Section 12-6-535, incorporated in Article 5, Chapter 6 of Title 12, and amended to read:
"Section 12-6-535. (A) A taxpayer creating and maintaining at least one hundred full-time new jobs, as defined in Section 12-6-3360(M), at a facility of a type identified in Section 12-6-3360(M) is allowed a moratorium on state corporate income taxes imposed pursuant to Section 12-6-530 for the ten taxable years beginning the first full taxable year after the taxpayer qualifies and ending either ten years from that year or the year when the taxpayer's number of full-time new jobs falls below one hundred, whichever is earlier.
(B) To qualify for the moratorium pursuant to subsection (A), a taxpayer must create at least one hundred full-time new jobs at a facility in a county:
(1) with an average annual unemployment rate of at least twice the state average during each of the last two completed calendar years, based on the most recent unemployment rates available based on the two most recent calendar years of data available on November first of the preceding year, or that is one of the three lowest per capita income counties, based on the average of the three most recent years of available average per capita income data; and
(2) in which at least ninety percent of the taxpayer's total investment in this State is located.
(C) The moratorium applies to that portion of the taxpayer's corporate income tax that represents the ratio of the company's new investment in the qualifying county to its total investment in this State.
(D) The department shall prescribe certification procedures to ensure that the taxpayer may claim the moratorium in future years even if a particular county is removed from the list of moratorium counties.
(E) If the taxpayer creates and maintains at least two hundred full-time new jobs within five years from the date the taxpayer creates the first full-time new job at the facility, the moratorium period is fifteen taxable years, beginning the first full taxable year after the taxpayer qualifies and ending either fifteen years from that year or the year when the taxpayer's number of full-time new jobs falls below two hundred, whichever is earlier.
(F) The taxpayer must create the one hundred full-time new jobs within five years from the date it creates the first full-time new job, except that the taxpayer must have hired its first full-time new employee by July 1, 2005, to be eligible for either the ten-year or fifteen-year moratorium."
B. Section 12-10-35 of the 1976 Code is repealed.
C. This section takes effect upon approval by the Governor and applies for taxable years beginning after 2002. However, the repeal of Section 12-10-35 of the 1976 Code does not affect any moratorium in effect on that date.
SECTION 5. A. Section 12-6-3910 of the 1976 Code is amended to read:
"Section 12-6-3910. (A) South Carolina estimated tax payments must be made in a form prescribed by the department in accordance with Internal Revenue Code Sections 6654 and 6655 except that:
(1) the small amount provisions in Internal Revenue Code Sections 6654(e)(1) and 6655(f) are one hundred dollars rather than five hundred dollars;
(2) income for the first installment for corporations is annualized using the first two three months of the taxable year;
(3)(a) The due dates of the installment payments for calendar year taxpayers other than corporations are:
First quarter: April 15
Second quarter: June 15
Third quarter: September 15
Fourth quarter: January 15 of
the following
taxable year.
(b) The due dates of the installment payments for calendar year corporations are:
First quarter: March April 15
Second quarter: June 15
Third quarter: September 15
Fourth quarter: December 15.
(c) In applying the estimated tax payment provisions to a taxable year beginning on a date other than January 1, the month that corresponds to the months specified above must be substituted.
(B) Payments required by this section are considered payments on account of income taxes imposed by this chapter and license fees imposed by Chapter 20 for the taxable year designated.
(C) To the extent that estimated tax payments and withholdings are in excess of the taxpayer's income tax and license fee liability as shown on the income tax return, the taxpayer may claim a:
(1) refund; or
(2) credit for estimated income tax for the succeeding taxable year; or.
(3) credit against the corporate license fee for the current taxable year in the case of corporations.
(D) For corporate taxpayers, estimated tax payments will be deemed to first apply to license fees and then apply to income taxes."
B. Section 12-6-4980(B) of the 1976 Code is amended to read:
"(B) When a taxpayer other than a corporation is not required to make a payment of tax at the time of the extension, and the taxpayer has been granted an extension of time to file a federal income tax return, the taxpayer is not required to apply to the department for an extension of time to file the South Carolina return. The department shall accept a copy, if applicable, of a properly filed federal extension attached to the South Carolina return when filed. Any tax taxes shown to be due on a return required pursuant to this chapter must be paid at the time the return is due to be filed, without regard to any extension of time granted for filing the return."
C. Section 12-20-20(C) of the 1976 Code is amended to read:
"(C) The department, for good cause, may allow an extension of time for filing an annual report. A request for an extension of time for filing an annual report must be filed in accordance with Section 12-6-4980(A). An extension of time for filing does not extend the time for paying the license fee due."
D. Section 12-54-55 of the 1976 Code is amended to read:
"Section 12-54-55. In the case of an underpayment of declaration of estimated tax by an individual, estate, trust, or corporate taxpayer, instead of all other penalties provided by law, there must be added to the tax for the taxable year a penalty to be determined as follows:
(1) In the case of an individual taxpayer, estate, or trust in the same manner as prescribed by the provisions of Internal Revenue Code Section 6654. No interest or penalty is due under this item for underpayments  attributable to personal service income earned in another state on which income tax due the other state was withheld.
(2) In the case of a corporate taxpayer, in the same manner as prescribed by the provisions of Internal Revenue Code Section 6655 and applicable regulations, except that:
(a) the small amount provisions are one hundred dollars rather than five hundred dollars;.
(b) the first installment payment for corporations is due on March 15, or in the case of a taxable year beginning on any date other than January 1, there is substituted the month which corresponds to that date; and
(c) for the annualized installment method, income for the first installment is annualized using the first two months of the taxable year."
E. This section takes effect upon approval by the Governor and applies for estimated taxes due after 2002.
SECTION 6. Section 12-8-580(B)(2) and (3) of the 1976 Code, as last amended by Act 399 of 2000, are further amended to read:
"(2)(a) A sale does not include tax exempt or tax deferred transactions, other than installment sales.
(b) A sale does not include a transaction to the extent the gain on the sale of a principal residence is excluded in accordance with Internal Revenue Code Section 121. Any gain in excess of this permitted exclusion is subject to the provisions of this section.
(3) The department may exempt certain other classes of transactions from the provisions of this section when it determines that the benefits to the State are insufficient to justify the burdens imposed on the buyer and seller. The department may revoke the exemption granted by this item if it determines that the nonresident is not cooperating with the department in the determination of the nonresident taxpayers correct South Carolina tax liability. The revocation does not revive the duty of a person purchasing real property or associated tangible personal property from a nonresident seller to withhold until the person receives notice of the revocation."
SECTION 7. Section 12-8-2020(C) of the 1976 Code is amended to read:
"(C) The withholding agent or taxpayer shall must apply for a refund or credit under this section within three years from the deemed date of the overpayment. A refund or credit is not allowed for less than one dollar. For purposes of this section, the deemed date of overpayment is the original due date of the return in which the withholding is credited against tax imposed by Chapter 6 of this title."
SECTION 8. Section 12-60-470(C) of the 1976 Code is amended to read:
"(C) Only the taxpayer legally liable for the tax may file a claim for refund or receive a refund, except that after the application of Section 12-60-490: against the person claiming or receiving the refund.
(1) the assignment of a refund may be made, but only after the department has authorized the refund and issued an order for the refund to the State Treasurer's office, or
(2) a person who acts as a collector and remitter of state taxes may claim a credit or refund of the tax collected, but only if the person establishes that he has paid the tax in question to the State, and
(a) repaid the tax to the person from whom he collected it; or
(b) obtained the written consent of the person from whom he collected the tax to the allowance of the credit or refund.
(2) a purchaser who has paid sales tax to a retailer for a specific transaction may claim a refund if the retailer who paid the sales tax to the State has assigned, in writing, the right to a refund of that sales tax to the purchaser.
(3) Except as allowed in items (1) and (2) of this subsection, the taxpayer legally liable for the tax may only assign a refund to another person after the taxpayer's claim is allowed, the amount of the refund is finally decided, and the department has approved the refund."
SECTION 9. Section 12-13-50 of the 1976 Code is amended to read:
"Section 12-13-50. The income tax provided in this chapter shall be in lieu of any and all other taxes on such associations, except use taxes, documentary stamp taxes deed recording fees, and taxes on real property. The real property of any such association shall be taxed in the place where it may be located, the same as the real property of individuals."
SECTION 10. Section 12-13-70 of the 1976 Code is amended to read:
"Section 12-13-70. The income tax imposed by this chapter shall be is administered by the State Department of Revenue. The department shall may make such rules and regulations and issue advisory opinions not inconsistent with law as may be required for the proper administration and enforcement of this chapter, and such rules and the department's regulations shall have full force and effect of law."
SECTION 11. Section 12-20-150 of the 1976 Code is amended to read:
"Section 12-20-150. The department shall prescribe rules and may promulgate regulations and issue advisory opinions necessary to enforce and administer the provisions of this chapter. These rules and regulations have the force of law."
SECTION 12. Section 12-28-940(C) of the 1976 Code is amended to read:
"(C) The department shall may promulgate regulations and issue advisory opinions establishing the evidence a supplier shall provide to receive the credit."
SECTION 13. Section 12-43-210(A) of the 1976 Code is amended to read:
"(A) All property must be assessed uniformly and equitably throughout the State. The South Carolina Department of Revenue shall may promulgate regulations and issue advisory opinions to ensure equalization which must be adhered to by all assessing officials in the State."
SECTION 14. Section 12-43-230(c) of the 1976 Code is amended to read:
"(c) The department shall may further provide by regulation and advisory opinions for definitions not inconsistent with general law for real property and personal property in order that such property shall must be assessed uniformly throughout the State."
SECTION 15. Section 12-6-540 of the 1976 Code is amended to read:
"Section 12-6-540. An income tax is imposed annually at the rate of five percent on the South Carolina taxable income of an organization described in Internal Revenue Code Sections 501 through 528 (Exempt Organizations) and 1381 (Cooperatives) as computed under Internal Revenue Code Sections 501(b) (unrelated business income), 528(d) (taxable income of homeowners' associations), and 1382 and 1383 (taxation of cooperatives).
with The modifications provided in Article 9 of this chapter and subject to the allocation and apportionment as provisions provided in Article 17 of this chapter apply for the taxes imposed by this section."
SECTION 16. Section 12-6-3415 of the 1976 Code is amended to read:
"Section 12-6-3415. (A) A taxpayer that claims a federal income tax credit pursuant to Section 41 of the Internal Revenue Code for increasing research activities for the taxable year is allowed a credit against any tax due pursuant to Section 12-6-530 or Section 12-20-50 equal to five percent of the taxpayer's qualified expenditures for research and development research expenses made in South Carolina. For the purposes of this credit, qualified research and development expenditures expenses have the same meaning as provided for in Section 41 of the Internal Revenue Code.
(B) The credit taken in any one taxable year pursuant to this section may not exceed fifty percent of the taxpayer's remaining tax liability after all other credits have been applied. Any unused credit may be carried over to the immediately succeeding taxable years, except that the credit carry-over may not be used for a taxable year that begins on or after ten years from the date of the qualified expenditure research expense."
SECTION 17. Section 12-56-20(1) of the 1976 Code is amended to read:
"(1) 'Claimant agency' means a state agency, board, committee, commission, public institution of higher learning, political subdivision, or any other governmental or quasi governmental entity of any state or the United States. It includes the South Carolina Student Loan Corporation, housing authorities established pursuant to Articles 5, 7, and 9 of Chapter 3 of Title 31, and the Internal Revenue Service, and the United States Department of Education. It also includes a private institution of higher learning for the purpose of collecting debts related to default on authorized educational loans made pursuant to Chapters Chapter 111, 113, or 115 of Title 59. 'Political subdivision' includes the Municipal Association of South Carolina and the South Carolina Association of Counties when these organizations submit claims on behalf of their members, other political subdivisions, or other claimant agencies as defined in this item. A political subdivision who submits a claim through an association is a claimant agency for the purpose of the notice and appeal provisions and other requirements of this chapter."
SECTION 18. The second paragraph of Section 59-20-20(3) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"The index must be determined annually by the Department of Revenue from sales ratio data based on the most recent studies made which correspond with the base year assessments used to compute the current index pursuant to Section 12-43-250 for assessed property within a school district. The base year is the second completed taxable year preceding the fiscal year in which the index is used. The Department of Revenue shall provide the index a preliminary index by November December first of each year end and a final index by February first of each year to the State Department of Education and to the auditor of each county who shall provide the index to any governmental entity responsible for approving or levying of millages for school purposes. Changes and corrections may be made to the index before February first but no change is allowed after that date. When the assessment of property is under appeal and the appeal extends beyond the year in which the assessment made pursuant to Section 12-43-305 is applied, the Department of Revenue shall adjust the index of taxpaying ability in the year in which the appeal is resolved by the amount of any difference between the assessments. Any school district is entitled to a hearing before the Department of Revenue to review its designated index of taxpaying ability within thirty days of filing a request for the hearing. The data gathered by the Department of Revenue for the purpose of determining an annual index must be preserved as public records in the offices of the Department of Revenue for four years. The raw information gathered from the various county officers reflecting the representative sales within the school districts, the consideration, and the reported market value or assessed value for each sale are a part of the public records so preserved. The Department of Revenue shall file a statement stating the methodology employed in making the annual determination of the index and refer to all sources of factual information used in making the determination. All work sheets, computer printouts, and the actual calculation must be included as the public records to be preserved by the Department of Revenue. In determining sales to assessment ratio, the Department of Revenue shall use only reported consideration on sales for which deeds have been placed on public record. Where sufficient sales data is not available, the Department of Revenue shall make appraisals in lieu of sales in order to determine the index. The appraisals, including all working papers, must be included as the public records to be preserved by the Department of Revenue. With respect to school districts within counties where abstracts of duplicates reflecting the assessed value have been filed pursuant to Section 12-39-290, the same having been adopted by the auditors under Article 3, Chapter 43 of Title 12, the index must be on the basis of the value of the property as stated in the abstracts as adjusted by sales ratio studies up to full assessments based on full fair market value."
SECTION 19. Section 12-36-910(B)(3) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:
"(3) gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Gross proceeds from the sale of prepaid wireless calling arrangements subject to tax at retail pursuant to item (5) of this subsection are not subject to tax pursuant to this item. Effective for bills rendered after July 31, 2002, charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term 'charges for mobile telecommunications services' is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code are adopted;"
SECTION 20. Section 12-36-1310(B)(3) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:
"(3) gross proceeds accruing or proceeding from the charges for the ways or means for the transmission of the voice or messages, including the charges for use of equipment furnished by the seller or supplier of the ways or means for the transmission of the voice or messages. Gross proceeds from the sale of prepaid wireless calling arrangements subject to tax at retail pursuant to item (5) of this subsection are not subject to tax pursuant to this item. Effective for bills rendered after July 31, 2002, charges for mobile telecommunications services subject to the tax under this item must be sourced in accordance with the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code. The term "charges for mobile telecommunications services" is defined for purposes of this section the same as it is defined in the Mobile Telecommunications Sourcing Act. All other definitions and provisions of the Mobile Telecommunications Sourcing Act as provided in Title 4 of the United States Code are adopted;"
SECTION 21. Section 12-36-2510 of the 1976 Code is amended to read:
"Section 12-36-2510. Notwithstanding other provisions of this chapter, when, in the opinion of the department, the nature of a taxpayers business renders it impracticable for the taxpayer to account for the sales or use taxes, as imposed by this chapter, at the time of purchase, the department may issue its certificate to the taxpayer authorizing the purchase at wholesale and the taxpayer is liable for the taxes imposed by this chapter with respect to the gross proceeds of sale, or sales price, of the property withdrawn, used or consumed by the taxpayer within this State.
(A) Notwithstanding other provisions of this chapter, the department, at its discretion, may issue or authorize for the efficient administration of the sales and use tax law a type of certificate allowing a taxpayer to purchase tangible personal property tax free and be liable for taxes.
In addition to any other type of certificate the department considers necessary to issue, the department may issue the following:
(1) Direct Pay Certificate. A direct pay certificate allows its holder to make all purchases tax free and to report and pay directly to the department taxes due. The holder of a direct pay certificate is liable for taxes due. If an exemption or exclusion is not applicable, the tax is due upon the withdrawal, use, or consumption of the tangible personal property purchased with the certificate.
(2) Exemption Certificate. An exemption certificate, as opposed to allowing its holder to make all purchases tax free, allows its holder to make only certain purchases tax free, such as machinery, electricity, or raw materials. The holder of an exemption certificate is liable for taxes due. If an exemption or exclusion is not applicable, the tax is due upon purchase, or upon the withdrawal, use, or consumption of the tangible personal property purchased with the certificate if the application of the exemption or exclusion cannot be determined at the time of purchase.
(B) The following provisions must be followed when a purchaser claims an exemption by use of an exemption certificate:
(1) The seller must obtain at the time of the purchase information determined necessary by the department, including the reason the purchaser is claiming a tax exemption or exclusion.
(2) The department, at its discretion, may utilize a system where the purchaser exempt from the payment of the tax is issued an identification number which must be presented to the seller at the time of the sale.
(3) The seller must maintain proper records of exempt or excluded transactions and provide them to the department when requested and in the form requested by the department.
(C) Sellers that follow the requirements of this section are relieved from tax otherwise applicable if it is determined that the purchaser improperly claimed an exemption or exclusion by use of a certificate. The liability for tax shifts to the purchaser who improperly claimed the exemption or exclusion."
SECTION 22. The first paragraph of Section 12-37-970 of the 1976 Code is 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 Department of Revenue for purposes of assessment for property taxation, must be determined by the department from property tax returns submitted by the taxpayers to the department 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 6 of this title. The department 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 department of property for assessment for property taxation must make the return to the department 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 department shall determine the assessment from the return setting forth the greatest value."
SECTION 23. Section 12-37-2840(A) of the 1976 Code, as amended by Act 399 of 2000, is further amended to read:
"(A) Motor carriers must file an annual property tax return with the Department of Revenue no later than June 30 for the preceding calendar year and remit one-half of the tax due or the entire tax due as stated on the return. If the motor carrier fails to pay either one-half of the tax due or the entire tax due as of June 30, the department must issue a proposed assessment for the entire tax to the motor carrier. The tax and penalty as shown in the proposed assessment must be paid in full by cashier's check, money order, or cash within thirty days of the issuance of the proposed assessment, or the taxpayer may appeal the proposed assessment within thirty days using the procedures provided in subarticle 1, Article 5, Chapter 60 of this title."
SECTION 24. Chapter 54, Title 12 of the 1976 Code is amended by adding:
"Section 12-54-124. In the case of the transfer of a majority of the assets of a business, other than cash, whether through sale, gift, devise, inheritance, liquidation, distribution, merger, consolidation, corporate reorganization, lease or otherwise, any tax generated by the business which have accrued at the time of the transfer constitutes a lien against the assets in the hands of a purchaser, or any other transferee, until the tax is paid. Whether a majority of the assets have been transferred is determined by the fair market value of the assets transferred, and not by the number of assets transferred. The department may not issue any license to continue the business to the transferee until all taxes due the State have been settled and paid, and shall revoke any license issued to the business in violation of this section.
This section does not apply if the purchaser receives a certificate of compliance from the department stating that all tax returns have been filed and all taxes generated by the business have been paid. The certificate of compliance is valid if it is obtained no more than thirty days before the sale or transfer."
SECTION 25. The 1976 Code is amended by adding:
"Section 12-54-270. In the case of sale of a business, all taxes are due at the time of the sale of the fixtures and equipment incident to the business and constitute a lien against the stock of goods, fixtures, equipment, and other property in the hands of the purchaser or another third party until the tax is paid. The department may revoke or not issue to the purchaser a license to continue or conduct the business until all taxes due the State have been settled and paid. A 'sale of business' includes, but is not limited to, a sale of:
(1) a division of the business;
(2) assets of the business; or
(3) a substantial portion of the assets of a business."
SECTION 26. Section 12-54-110 of the 1976 Code is amended to read:
"Section 12-54-110. (A) When a person, who is required to make a return or obtain a license under the provisions of law administered by the department, (a) fails to do so at the time required, (b) delivers any return which, in the opinion of the department is erroneous, or (c) refuses to allow any regularly authorized agent of the department to examine his books and records, The department may summon:
(a)(1) the a person who,:
(a) is required to make a return or obtain a license pursuant to the provisions of law administered by the department and who fails to do so at the time required;
(b) delivers a return that the department considers erroneous; or
(c) refuses to allow an authorized agent of the department to examine his books and records;
(b)(2) any other another person having possession, care, or custody of books of account containing entries relating to the business of such person; or
(c)(3) any other another person it considers proper to.
(B) The summons may demand that the person appear before the department and produce the books at a time and place named in the summons and to give testimony and answer questions under oath respecting any item of income liable relating to a tax on the return thereof or other matter administered by the department.
(C) The summons must in all cases be served by an authorized agent of the department by delivering an attested copy to the person in hand or leaving the copy at the person's last or usual place of abode. When the summons requires the production of books and returns, it is sufficient if the books are described with reasonable certainty.
(D) Whenever If a person summoned under the provisions of pursuant to this section neglects or refuses to obey the summons, the department may apply to any a circuit judge for an attachment against him for contempt. Any judge may hear the application and, if satisfactory proof is made, shall issue an attachment directed to the sheriff of the county in which the person resides for the his arrest of the person. Upon When the person being is brought before him, the judge shall proceed to a hearing of the case. The judge and may make enforce obedience to the requirements of the summons by making an order consistent with existing laws for the punishment of contempt, to enforce obedience to the requirements of the summons."
SECTION 27. Section 12-54-122(G) of the 1976 Code is amended to read:
"(G)(1) The tax lien notice must may be filed with the clerk of court or, where appropriate, the register of mesne conveyances. The appropriate official deeds, who shall:
(a) enter the name of the taxpayer in the judgment docket in the column for judgment debtors and, in appropriate columns, the amount of tax, penalties, and the date of filing,; and shall
(b) index the tax lien on the index of judgment.
(2) The form and content of the notice of tax lien must be prescribed by the department, and the prescribed notice, as prescribed, is valid notwithstanding another provision of law regarding the form or content of a notice of lien.
(3) The notice of tax lien may be filed by the department or its authorized agent at any a time and in any a county the department finds considers appropriate.
(4) The department may develop, implement, and maintain a central database system for the filing of tax lien notices. Upon development of the system, the department shall provide public access to the system through the internet or other means the department considers appropriate. All tax liens maintained in the central data base system have statewide effect and encumber all the taxpayer's property and rights to property as provided in Section 12-54-120, regardless of the property's location and regardless of whether or not the lien was filed with a clerk of court or register of deeds."
SECTION 28. Section 12-54-195 of the 1976 Code, as added by Act 89 of 2001, is amended to read:
"Section 12-54-195. (A) As used in this section, 'responsible person' includes any officer, partner, or employee of the taxpayer who has a duty to pay to the department the any state or local sales tax due by the taxpayer or use tax required or authorized to be collected by the retailer pursuant to Chapter 36 of this title or with respect to any local sales and use tax collected by the department on behalf of a political subdivision of the State.
(B) If a retailer adds and collects the a state or local sales tax as permitted by Section 12-36-940, or collects the a state or local use tax from the purchaser as required by Section 12-36-1350, but the retailer fails to remit the tax collected to the department, then any a responsible person may be held liable, individually and personally, for a penalty equal to one hundred percent of the tax collected but not remitted to the department, along with penalties and interest from the date the tax was due. The tax, penalties, and interest is are not collectible from the retailer to the extent the penalty tax, penalties, and interest imposed by this subsection is are collected from a responsible person."
SECTION 29. Section 12-54-227(A)(2) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:
"(2) For purposes of this section, 'delinquent tax claim' means a tax liability that is due and owing for a period longer than six three months, and for which the taxpayer has been given at least three notices requesting payment, and for any subsequent tax debts issued, one notice of which includes a statement that the taxpayer's delinquency may be referred to a collection agency."
SECTION 30. Section 12-54-240(B) of the 1976 Code, as last amended by Act 89 of 2001, is further amended to read:
"(B) Nothing in this section prohibits the:
(1) publication of statistics classified to prevent the identification of particular reports or returns and the items included on them, or the inspection by the Attorney General or other legal representative of the State of the report or return of a taxpayer:
(a) who brings an action to set aside or review the tax based on the report or return or against whom an action or proceeding has been instituted to recover a tax or a penalty imposed by this chapter,; or
(b) who has applied for review of an adjustment proposed by the department, or
(c) filing a petition for redetermination of a deficiency assessed by the department.
Reports and returns must be preserved for six years and after until the department orders them to be destroyed;
(2) examination of records, returns, and reports held by the department by persons employed by the State Auditor's Office annually to examine the books, accounts, receipts, disbursements, vouchers, and records of the department as required by Section 11-7-20;
(3) examination of records, returns, and reports held by the department by persons retained on an independent contract basis by the State Auditor's Office exclusively for the purpose of auditing statewide financial statements, or by persons retained on an independent contract basis by the department to collect delinquent taxes;
(4) transfer of funds and the submission of taxpayer home addresses and corrected social security numbers to the Department of Social Services Child Support Enforcement Division in accordance with Section 12-56-30;
(5) inspection of returns by officials of other jurisdictions in accordance with Section 12-7-1690 12-54-220;
(6) disclosure of a deficiency an assessment to a probate court or to an attorney conducting a closing, the filing of a tax lien for uncollected taxes, and the issuance of a notice of levy;
(7) submission of taxpayer names, home addresses, and social security numbers to the State Election department Commission and Department of Public Safety to effect the purposes of Section 14-7-130;
(8) exchange of information pursuant to Section 12-54-260 between the department and the collecting agency necessary to implement that section;
(9) disclosure of information pursuant to Section 12-4-310(5) to county and municipal officials;
(10) verification of information to the Retirement Systems Division of the State Budget and Control Board pursuant to Section 12-4-360;
(11) disclosure of information contained on a return to the South Carolina Employment Security department Commission, Department of Revenue, or to the United States Department of the Treasury , Alcohol, Tobacco and Firearms Division;
(12) disclosure to any state agency, county auditor, or county assessor of whether a resident or nonresident tax return was filed by any particular taxpayer.;
(13) disclosure of information pursuant to Section 12-54-1010(c) or 12-54-1020(c) Reserved;
(14) disclosure and presentation of documents and other information in a bankruptcy proceeding relating to a claim or potential claim, including submission of the claim; disclosure of documents and information to the trustee and U. S United States. Trustee; and disclosure of documents and information to the debtor in bankruptcy and the debtor's attorney;
(15) disclosure of information in accordance with the provisions of Article 5, Chapter 55 of Title 38, the 'Omnibus Insurance Fraud and Reporting Immunity Act';
(16) disclosure of information pursuant to Section 31-3-50. The public housing authority making this request is responsible for reimbursing the department for actual costs incurred in supplying the information. This information must be provided in the most useful and economical format possible;
(17) disclosure of information to the Secretary of State about a taxpayer who failed to pay a tax or fee or file a return, where the Secretary of State has the power to dissolve administratively the taxpayer or to revoke the taxpayer's authority to transact business in this State for failure to pay taxes or fees or file returns.;
(18) disclosure of specific information to a United States Senator from South Carolina, a United States House of Representative from South Carolina, a South Carolina Constitutional Officer, or a member of the South Carolina General Assembly in connection with a taxpayer's written inquiry for assistance to the elected official, who has then referred the taxpayer to the South Carolina Department of Revenue for assistance.;
(19) disclosure of information to the Chairman of the Senate Finance Committee and the Chairman of the House of Representatives Ways and Means Committee pursuant to Section 12-4-380.;
(20) submission of taxpayer names and home addresses to the director of the South Carolina Retirement System to effectuate the provisions of Section 9-1-1650 relating to the disposition of inactive accounts.;
(21) disclosure of information, including statistics classified to prevent their identification to certain items on reports or returns, filed in a return pursuant to Chapter 36, Title 12, for accommodations taxes imposed pursuant to Section 12-36-920 and sales and use taxes collected by and reported to the Department of Parks, Recreation and Tourism including, but not limited to, statistics reflecting tourism activity;
(22) disclosure of information contained in a return filed pursuant to Article 17, Chapter 21, Title 12, for the purpose of complying with the Tourism Infrastructure Admissions Tax Act.;
(23) disclosure of information to department employees and collection agencies, and the staffs under contract with the department."
SECTION 31. Section 12-36-530 of the 1976 Code is amended to read:
"Section 12-36-530. Retailers, after closing or selling a business, must shall return the retail license to the department for cancellation and remit any unpaid or accrued taxes. The department may refuse to issue a new retail license to any a person who has failed fails to comply with the these provisions of this section.
In the case of sale of any business the tax is considered to be due at the time of the sale of the fixtures and equipment incident to the business and constitutes a lien against the stock of goods and the fixtures and equipment in the hands of the purchaser, or any other third party, until the tax is paid. The department may not issue a retail license to continue or conduct the business to the purchaser until all taxes due the State have been settled and paid."
SECTION 32. Section 12-37-2810(B) of the 1976 Code is amended to read:
"(B) 'Motor vehicle' means a motor propelled vehicle used or available for use for the transportation of property or persons on a public highway with a gross vehicle weight of greater than twenty-six thousand pounds."
SECTION 33. Section 12-37-2830 of the 1976 Code is amended to read:
"Section 12-37-2830. The value of a motor carrier's vehicles subject to property taxes in this State must be determined based on the ratio of total mileage operated within this State during the preceding calendar year to the total mileage of its fleet operated within and without this State during the same preceding calendar year. If the vehicle does not have an increase in mileage from the preceding year and is available for use then it is deemed that all the mileage was in this State."
SECTION 34. Unless otherwise stated, this act takes effect upon approval by the Governor.
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