H 5085(Rat #0436)  General Bill, By Cotty, Bales, Battle, Chellis, Frye, 
Herbkersman, Littlejohn, G.R. Smith and Snow

Similar(S 1108)
 AN ACT TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS
 FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT
 FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN
 AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY
 THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S
 ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE
 DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION, BY ADDING
 SECTION 12-21-1085 SO AS TO PROVIDE FOR THOSE TAXES AND LICENSES ALLOWED ON
 BEER AND WINE, AND BY ADDING SECTION 12-6-3555 SO AS TO ALLOW A TAX CREDIT
 EQUAL TO ONE THOUSAND DOLLARS WHICH MAY BE CLAIMED ON A DECEDENT'S FINAL
 INCOME TAX RETURN, OR ESTATE INCOME TAX RETURN, OR ESTATE TAX RETURN IF THE
 DECEDENT WAS A RESIDENT OF THIS STATE AT THE TIME OF DEATH AND THE DECEDENT'S
 ORGANS OR TISSUES WERE REMOVED FOR TRANSPLANT. - ratified title

   04/07/04  House  Introduced and read first time HJ-4
   04/07/04  House  Referred to Committee on Ways and Means HJ-4
   04/21/04  House  Recalled from Committee on Ways and Means HJ-27
   04/22/04         Scrivener's error corrected
   04/27/04  House  Read second time HJ-28
   04/28/04  House  Read third time and sent to Senate HJ-9
   04/28/04  Senate Introduced and read first time SJ-23
   04/28/04  Senate Referred to Committee on Finance SJ-23
   05/19/04  Senate Committee report: Favorable Finance SJ-45
   05/20/04  Senate Amended SJ-32
   05/20/04  Senate Read second time SJ-32
   05/20/04  Senate Ordered to third reading with notice of
                     amendments SJ-32
   05/27/04  Senate Amended SJ-202
   05/27/04  Senate Read third time and returned to House with
                     amendments SJ-202
   06/01/04         Scrivener's error corrected
   06/02/04  House  Concurred in Senate amendment and enrolled HJ-15
   06/03/04         Ratified R 436
   09/08/04         Vetoed by Governor
   01/12/05  House  Veto sustained Yeas-3 Nays-106 HJ-33

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R436, H5085)

AN ACT TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR THOSE TAXES AND LICENSES ALLOWED ON BEER AND WINE, AND BY ADDING SECTION 12-6-3555 SO AS TO ALLOW A TAX CREDIT EQUAL TO ONE THOUSAND DOLLARS WHICH MAY BE CLAIMED ON A DECEDENT'S FINAL INCOME TAX RETURN, OR ESTATE INCOME TAX RETURN, OR ESTATE TAX RETURN IF THE DECEDENT WAS A RESIDENT OF THIS STATE AT THE TIME OF DEATH AND THE DECEDENT'S ORGANS OR TISSUES WERE REMOVED FOR TRANSPLANT.

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

Tax deduction for living organ donor

SECTION    1.    Section 12-6-1140 of the 1976 Code, as last amended by Act 363 of 2002, is further amended by adding an appropriately numbered item at the end to read:

"( )(a)    An amount not to exceed ten thousand dollars of expenses incurred by a resident full-year individual taxpayer in the donation, while living, of one or more of the taxpayer's organs to another human being for human organ transplantation.

(b)    An individual may claim this deduction in connection with only one organ donation and the deduction is allowed for the taxable year in which the human organ transplantation occurs. Unused credit may be carried forward for the three succeeding taxable years. Expenses eligible for this deduction are the expenses, to the extent not reimbursed, incurred by the taxpayer donor for travel expenses, lodging expenses, and lost wages related to the taxpayer's organ donation.

(c)    For purposes of this item, 'human organ' means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow."

Beer and wine taxes

SECTION    2.    Article 7, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-1085.    Except as provided in Section 12-21-1035 and Sections 12-21-1320 to 12-21-1350, the taxes provided for in this article are in lieu of all other taxes and licenses on beer and wine of the State, the county, or the municipality, except the sales and use tax, or Sections 6-1-700 through 6-1-770, and include licenses for its delivery by the wholesaler."

Tax credit with respect to a deceased organ donor

SECTION    3.    A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3555.    In the case of a decedent resident in this State at the time of death whose organs or tissues were removed for transplant, the decedent's surviving spouse or personal representative, as applicable, may elect to claim one of the following nonrefundable tax credits:

(1)    a credit equal to one thousand dollars against any liability imposed pursuant to Section 12-6-510 on the decedent's final state individual income tax return;

(2)    a credit equal to one thousand dollars against any liability imposed pursuant to Section 12-6-510 on the decedent's estate income tax return;

(3)    a credit equal to one thousand dollars against any estate tax liability imposed pursuant to Chapter 16 of this title.

The department shall prescribe the documentation required to be filed by a surviving spouse or personal representative with the appropriate tax return in order to claim the credit allowed by this section."

B.    Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies in the case of organs or tissues donated on and after that date.

Time effective

SECTION    4.    Section 1 of this act takes effect upon approval by the Governor and applies for taxable years beginning after 2003. Section 2 of this act takes effect upon approval by the Governor.

Ratified the 3rd day of June, 2004.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2004.

___________________________________________

Governor