H 3202 Session 114 (2001-2002)
H 3202 General Bill, By Campsen, Altman, R. Brown, Cato, Chellis, Cotty,
Dantzler, Easterday, Hamilton, Harrell, Hinson, Law, Leach, Limehouse,
Littlejohn, Loftis, Lucas, Merrill, Perry, Quinn, Rice, Robinson, Scarborough,
Simrill, Sinclair, D.C. Smith, W.D. Smith, Stille, Tripp, J. Young and White
A BILL TO ENACT THE MARRIAGE PENALTY TAX RELIEF ACT BY AMENDING SECTION
12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES AND
BRACKETS APPLICABLE TO INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE
SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOCATE EQUALLY BETWEEN SPOUSES SOUTH
CAROLINA TAXABLE INCOME REPORTED ON A JOINT RETURN AND APPLY THE RATES AND
BRACKETS SEPARATELY TO EACH INCOME THEREBY REDUCING THE STATE INCOME TAX
LIABILITY FOR MARRIED COUPLES FILING JOINT RETURNS; TO REPEAL SECTION
12-6-3330, RELATING TO THE TWO WAGE EARNER CREDIT FOR MARRIED INDIVIDUALS
FILING JOINT RETURNS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT, AND TO PHASE
IN THESE PROVISIONS OVER FIVE TAXABLE YEARS BEGINNING WITH THE 2001 TAXABLE
YEAR.
01/09/01 House Introduced and read first time HJ-82
01/09/01 House Referred to Committee on Ways and Means HJ-82
A BILL
TO ENACT THE MARRIAGE PENALTY TAX RELIEF ACT BY AMENDING SECTION 12-6-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES AND BRACKETS APPLICABLE TO INDIVIDUALS, ESTATES, AND TRUSTS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOCATE EQUALLY BETWEEN SPOUSES SOUTH CAROLINA TAXABLE INCOME REPORTED ON A JOINT RETURN AND APPLY THE RATES AND BRACKETS SEPARATELY TO EACH INCOME THEREBY REDUCING THE STATE INCOME TAX LIABILITY FOR MARRIED COUPLES FILING JOINT RETURNS; TO REPEAL SECTION 12-6-3330, RELATING TO THE TWO WAGE EARNER CREDIT FOR MARRIED INDIVIDUALS FILING JOINT RETURNS MADE OBSOLETE BY THE PROVISIONS OF THIS ACT, AND TO PHASE IN THESE PROVISIONS OVER FIVE TAXABLE YEARS BEGINNING WITH THE 2001 TAXABLE YEAR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Marriage Penalty Tax Relief Act".
SECTION 2. Section 12-6-510 of the 1976 Code, as added by Act 76 of 1995, is amended by adding at the end:
"(C) In the case of married taxpayers filing a joint return pursuant to Section 12-6-5000, South Carolina taxable income is allocated equally between spouses and the rates and brackets provided in subsection (A) are applied separately to each income in determining the joint tax liability."
SECTION 3. Section 12-6-3330 of the 1976 Code is repealed.
SECTION 4. (A) Notwithstanding the provisions of Section 12-6-510(C) of the 1976 Code as added by this act, the reduction in state individual income tax liability allowed pursuant to that subsection for taxable years before 2005 is limited according to the following schedule:
Taxable year Percentage of liability reduction allowed
2001 twenty percent
2002 forty percent
2003 sixty percent
2004 eighty percent
(B) Notwithstanding the repeal of Section 12-6-3330 of the 1976 Code, the provisions of that section continue for taxable years before 2005, but the credit is allowed only according to the following schedule:
Taxable year Percentage of credit allowed
2001 eighty percent
2002 sixty percent
2003 forty percent
2004 twenty percent
SECTION 5. This act takes effect upon approval by the Governor and applies for taxable years beginning after 2000.
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