H*3237 Session 103 (1979-1980)
H*3237(Rat #0493, Act #0423 of 1980) General Bill, By J.E. Kinard, W.D. Arthur,
H.L. Barksdale, L.H. Brinker, T.M. Burriss, M.J. Cooper, V.L. Crocker,
M.R. Daniel, H.C. Granger, Harvin, L.I. Hendricks, C.E. Hodges, H.H. Keyserling,
T.M. Marchant, Martin, D.M. McEachin, R.N. McLellan, F.T. Moore, J. Murray,
M.E. Nunnery, N.C. Russell, R. Schwartz, E.W. Simpson, J.J. Snow, W.C. Stanley,
D.E. Winstead, J.T. Wood and R.R. Woods
A Bill to amend Section 12-7-2240, Code of Laws of South Carolina, 1976,
relating to refund of income taxes by the Tax Commission, so as to prohibit
the Commission from making refunds to persons who have defaulted on
educational loans.
12/17/79 House Prefiled
12/17/79 House Referred to Committee on Ways and Means
01/08/80 House Introduced and read first time HJ-47
01/08/80 House Referred to Committee on Ways and Means HJ-48
04/01/80 House Committee report: Favorable Ways and Means HJ-1778
04/03/80 House Amended HJ-1881
04/03/80 House Read second time HJ-1882
04/09/80 House Read third time and sent to Senate HJ-1939
04/10/80 Senate Introduced and read first time SJ-8
04/10/80 Senate Referred to Committee on Finance SJ-8
04/30/80 Senate Recalled from Committee on Finance SJ-27
05/01/80 Senate Read second time SJ-32
05/13/80 Senate Read third time and enrolled SJ-19
05/14/80 House Ratified R 493 HJ-2839
05/19/80 Signed By Governor
05/19/80 Effective date 05/19/80
05/19/80 Act No. 423
05/30/80 Copies available
(A423, R493, H3237)
AN ACT TO AMEND SECTION 12-7-2240, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO REFUND OF INCOME TAXES BY THE TAX COMMISSION, SO AS TO PROHIBIT
THE COMMISSION FROM MAKING REFUNDS TO PERSONS WHO HAVE DEFAULTED ON
EDUCATIONAL LOANS.
Be it enacted by the General Assembly of the State of South Carolina:
Commission prohibited from making certain refunds
Section 1. Section 12-7-2240 of the 1976 Code is amended to read:
"Section 12-7-2240. If the Commission discovers from the examination of
the return or otherwise that the income tax, penalty or interest paid by any
taxpayer is in excess of the amount legally due, the Commission may issue to
the taxpayer its voucher to the Comptroller General for the refund of such
illegally collected income tax, penalty or interest together with the interest
provided for in Section 12-7-2310. Upon receipt of such voucher, properly
executed and endorsed, the Comptroller General shall issue his warrant to the
State Treasurer for the payment to the taxpayer of such refund out of any
income tax funds in his possession or out of any such funds that may come into
his possession.
The Commission shall keep in its files a duplicate of each such voucher and
also a statement which shall set forth the reasons why such refund shall have
been ordered.
This section shall be in addition to any remedies for the abatement or
refund of taxes that may otherwise be provided by law.
No refund shall be allowed or ordered in an amount less than one dollar.
Upon receipt of notification from the appropriate authorities which have
authorized educational loans under Chapters 111, 113 or 115 of Title 59 of
default on an educational loan, the Commission shall determine if a refund is
due to any person who has defaulted on such loan and the entire refund shall
be applied to the balance of the loan, or if the refund exceeds the loan
balance the Commission shall apply part of the refund to the loan balance and
issue the balance of the refund to the taxpayer."
Time effective
Section 2. This act shall take effect upon approval by the Governor. |