H 4998 General Bill, By Bowers
 A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO CLASSIFICATIONS OF PROPERTY AND ASSESSMENT RATIOS FOR
 PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE FOUR PERCENT
 ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY EXTENDS TO AN
 OWNER'S NONADJACENT RESIDENTIAL PROPERTY OCCUPIED BY THE OWNER'S IMMEDIATE
 FAMILY.

   03/18/04  House  Introduced and read first time HJ-29
   03/18/04  House  Referred to Committee on Ways and Means HJ-29

TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO ALLOWED OWNER-OCCUPIED RESIDENTIAL PROPERTY EXTENDS TO AN OWNER'S NONADJACENT RESIDENTIAL PROPERTY OCCUPIED BY THE OWNER'S IMMEDIATE FAMILY.

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

SECTION    1.    Section 12-43-220(c)(1) of the 1976 Code is amended to read:

"(1)    The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, and additional dwellings located on the same property or other nonadjacent parcels of property and occupied by immediate family members of the owner of the interest, are taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify as a legal residence unless the residence is determined to be the domicile of the owner-applicant."

SECTION    2.    This act takes effect upon approval by the Governor and applies for property tax years beginning after 2003.