H*4478 Session 111 (1995-1996)
H*4478(Rat #0253, Act #0239 of 1996) General Bill, By Boan, Askins,
J.M. Baxley, T. Brown, Cato, Cooper, Fleming, J. Hines, Jennings, Kennedy, Law,
L.H. Limbaugh, L.M. Martin, Rhoad, Robinson, Wilkins and Witherspoon
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
12-21-785, so as to authorize the Department of Revenue and Taxation to alter
the return and payment schedule for the tobacco products tax; to amend Section
12-21-620, relating to the specific tax rates on various tobacco products, so
as to delete the separate definition of tobacco products and impose a tax
equal to five percent of the manufacturer's price on all tobacco products
except cigarettes; to amend Section 12-21-735, relating to the payment method
of the cigarette tax, so as to authorize a three and one-half percent discount
on the tax for timely filed returns and payments; to amend Section 12-21-780,
as amended, relating to returns and payments of the tobacco products tax, so
as to increase the discount for timely filed returns and payments for the
tobacco products tax from two to three and one-half percent; and to amend
Section 12-21-800, relating to the definition of tobacco products, so as to
conform it to the provisions of this Act.
01/23/96 House Introduced and read first time HJ-3
01/23/96 House Referred to Committee on Ways and Means HJ-3
02/01/96 House Committee report: Favorable Ways and Means HJ-4
02/07/96 House Read second time HJ-15
02/08/96 House Read third time and sent to Senate HJ-9
02/08/96 Senate Introduced and read first time SJ-7
02/08/96 Senate Referred to Committee on Finance SJ-7
02/21/96 Senate Committee report: Favorable Finance SJ-14
02/22/96 Senate Read second time SJ-20
02/22/96 Senate Unanimous consent for third reading on next
legislative day SJ-20
02/23/96 Senate Read third time and enrolled SJ-1
02/27/96 Ratified R 253
02/28/96 Signed By Governor
02/28/96 Effective date 03/01/96-this act is effective
with respect to sales made on and after the
first day of the first month following the month
in which the act is approved by Governor
03/13/96 Copies available
03/13/96 Act No. 239
(A239, R253, H4478)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO
AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION
TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE
TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620,
RELATING TO THE SPECIFIC TAX RATES ON VARIOUS
TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE
DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX
EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE
ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO
AMEND SECTION 12-21-735, RELATING TO THE PAYMENT
METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A
THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR
TIMELY FILED RETURNS AND PAYMENTS; TO AMEND
SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS
AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO
INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND
PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO
THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION
12-21-800, RELATING TO THE DEFINITION OF TOBACCO
PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF
THIS ACT.
Be it enacted by the General Assembly of the State of South
Carolina:
Returns
SECTION 1. Article 5, Chapter 21, Title 12 of the 1976 Code is
amended by adding:
"Section 12-21-785. Notwithstanding the provisions of Sections
12-21-735 and 12-21-780, the department may require returns and
payments of this tax for other than monthly periods."
Tax rates
SECTION 2. Section 12-21-620 of the 1976 Code is amended to
read:
"Section 12-21-620. There shall be levied, assessed, collected,
and paid in respect to the articles containing tobacco enumerated in this
section the following amounts:
(1) upon all cigarettes made of tobacco or any substitute for tobacco,
three and one-half mills on each cigarette;
(2) upon all tobacco products, as defined in Section 12-21-800, five
percent of the manufacturer's price.
Manufacturer's price as used in this section is the established price at
which a manufacturer sells to a wholesaler."
Discount
SECTION 3. The last paragraph of Section 12-21-735 of the 1976 Code,
as added by Act 114 of 1995, is amended to read:
"The department shall require bonds or statements of financial
stability satisfactory to the department to cover possible losses resulting
from failure to remit taxes due. When the return required by this section
is timely filed and the taxes shown to be due are paid by the date
specified in this section, the person or distributor may deduct three and
one-half percent of the tax due."
Discount
SECTION 4. Section 12-21-780 of the 1976 Code, as last amended by
Act 61 of 1995, is further amended to read:
"Section 12-21-780. Every distributor, on or before the
twentieth day of each month, shall file with the South Carolina
Department of Revenue and Taxation a return on forms to be prescribed
and furnished by the department showing the quantity and wholesale
price of all tobacco products transported or caused to be transported into
the State by him or manufactured or fabricated in the State for sale in
this State. Every distributor authorized by the department to make
returns and pay the tax on tobacco products sold, shipped , or delivered
by him to any person in the State shall file a return showing the quantity
and wholesale price of all products so sold, shipped, or delivered during
the preceding calendar month. These returns must contain such further
information as the department may require. Every distributor shall pay
to the department with the filing of the return the tax on tobacco
products for the month imposed under this article. When the distributor
or dealer files the return and pays the tax within the time specified in this
section, he may deduct therefrom three and one-half percent of the tax
due."
Definitions
SECTION 5. Section 12-21-800 of the 1976 Code is amended to
read:
"Section 12-21-800. As used in Sections 12-21-620 and
12-21-780, `tobacco products' means cigars, cheroots, stogies, periques,
granulated, plug cut, crimp cut, ready rubbed, and other smoking
tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut,
and other chewing tobacco, shorts, refuse scraps, clippings, cuttings and
sweepings of tobacco, and other kinds and forms of tobacco, prepared in
a manner to be suitable for chewing or smoking in a pipe or otherwise,
or both for chewing or smoking, but does not include
cigarettes."
Time effective
SECTION 6. This act is effective with respect to sales made on and after
the first day of the first month following the month in which the act is
approved by the Governor.
Approved the 28th day of February, 1996. |