H 4542 Session 109 (1991-1992)
H 4542 General Bill, By J.M. Baxley and H.H. Keyserling
A Bill to amend Section 12-7-435, as amended, Code of Laws of South Carolina,
1976, relating to deductions allowed from South Carolina taxable income for
purposes of the state individual income tax, so as to allow a deduction for
the wholesale value of agricultural produce which a farmer allows to be
removed from his land after commercial harvesting if his donation of produce
qualifies for the civil liability exemption for donated food provided by
Chapter 74 of Title 15 of the 1976 Code, to require the donor to report farm
income or loss on his federal income tax return, and to provide that the South
Carolina Tax Commission shall prescribe procedures to determine the wholesale
value of the donated produce.
03/10/92 House Introduced and read first time HJ-4
03/10/92 House Referred to Committee on Ways and Means HJ-4
A BILL
TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS
ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR
PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS
TO ALLOW A DEDUCTION FOR THE WHOLESALE VALUE OF
AGRICULTURAL PRODUCE WHICH A FARMER ALLOWS TO BE
REMOVED FROM HIS LAND AFTER COMMERCIAL
HARVESTING IF HIS DONATION OF PRODUCE QUALIFIES FOR
THE CIVIL LIABILITY EXEMPTION FOR DONATED FOOD
PROVIDED BY CHAPTER 74 OF TITLE 15 OF THE 1976 CODE, TO
REQUIRE THE DONOR TO REPORT FARM INCOME OR LOSS ON
HIS FEDERAL INCOME TAX RETURN, AND TO PROVIDE THAT
THE SOUTH CAROLINA TAX COMMISSION SHALL PRESCRIBE
PROCEDURES TO DETERMINE THE WHOLESALE VALUE OF
THE DONATED PRODUCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-7-435 of the 1976 Code, as last amended by
Part II, Section 3 of Act 171 of 1991, is further amended by adding an
appropriately lettered item to read:
"( ) The wholesale value of produce which a farmer allows
a nonprofit or charitable organization to remove from his land after
commercial harvesting if his donation qualifies for the exemption from
civil liability provided food donors pursuant to Chapter 74 of Title 15
and if the donor reports farm income or loss on schedule F filed with his
federal income tax return for the taxable year for which he claims the
deduction allowed by this item. The commission shall prescribe
procedures to determine the wholesale value of the donated
produce."
SECTION 2. Upon approval by the Governor, this act applies for
taxable years beginning after 1991.
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