S*0413(Rat #0440, Act #0387 of 1984)  General Bill, By J.M. Waddell, Leatherman, 
I.E. Lourie and H. Rubin

Similar(H 2752)
 A Bill to amend Section 12-7-2270, as amended, Code of Laws of South Carolina,
 1976, relating to the power of the Tax Commission to examine the books and
 other memoranda of resident taxpayers, so as to revise the provisions
 pertaining to the notice required to be given taxpayers under the Section
 before the examination may take place, to provide that if the taxpayer so
 requests, the Commission shall delay the examination for a period of up to
 thirty days from the date of the written notice and to require the Commission
 to notify the taxpayer in writing that he may make this request, and to
 provide that the notice and thirty-day waiting period provisions shall not
 apply if there is reasonable rather than conclusive evidence that the taxpayer
 is about to destroy or remove the records or otherwise make them unavailable
 for inspection.-amended title

   03/31/83  Senate Introduced and read first time SJ-887
   03/31/83  Senate Referred to Committee on Finance SJ-887
   02/01/84  Senate Committee report: Favorable with amendment
                     Finance SJ-527
   02/02/84  Senate Amended SJ-571
   02/02/84  Senate Read second time SJ-572
   02/14/84  Senate Read third time and sent to House SJ-640
   02/15/84  House  Introduced and read first time HJ-913
   02/15/84  House  Referred to Committee on Ways and Means HJ-913
   04/24/84  House  Committee report: Favorable Ways and Means HJ-2560
   05/01/84  House  Debate interrupted HJ-2780
   05/02/84  House  Amended HJ-2804
   05/02/84  House  Read second time HJ-2804
   05/03/84  House   Read third time HJ-2860
   05/03/84  House  Returned HJ-2860
   05/08/84  Senate Concurred in House amendment and enrolled SJ-1706
   05/15/84         Ratified R 440
   05/17/84         Signed By Governor
   05/17/84         Effective date 05/17/84
   05/17/84         Act No. 387
   05/31/84         Copies available

AN ACT TO AMEND SECTION 12-7-2270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWER OF THE TAX COMMISSION TO EXAMINE THE BOOKS AND OTHER MEMORANDA OF RESIDENT TAXPAYERS, SO AS TO REVISE THE PROVISIONS PERTAINING TO THE NOTICE REQUIRED TO BE GIVEN TAXPAYERS UNDER THE SECTION BEFORE THE EXAMINATION MAY TAKE PLACE, TO PROVIDE THAT IF THE TAXPAYER SO REQUESTS, THE COMMISSION SHALL DELAY THE EXAMINATION FOR A PERIOD OF UP TO THIRTY DAYS FROM THE DATE OF THE WRITTEN NOTICE AND TO REQUIRE THE COMMISSION TO NOTIFY THE TAXPAYER IN WRITING THAT HE MAY MAKE THIS REQUEST, AND TO PROVIDE THAT THE NOTICE AND THIRTY-DAY WAITING PERIOD PROVISIONS SHALL NOT APPLY IF THERE IS REASONABLE RATHER THAN CONCLUSIVE EVIDENCE THAT THE TAXPAYER IS ABOUT TO DESTROY OR REMOVE THE RECORDS OR OTHERWISE MAKE THEM UNAVAILABLE FOR INSPECTION.

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

Commission may examine certain documents

SECTION 1. Section 12-7-2270 of the 1976 Code, as amended by Section 34 of Part II of Act 199 of 1979, is further amended to read:

"Section 12-7-2270. The Commission, for the purpose of ascertaining the correctness of any return or for the purpose of making an estimate of the taxable income of any taxpayer, may upon reasonable written notice to the taxpayer examine or cause to be examined by any agent or representative designated by it for that purpose any books, papers, records, or memoranda bearing upon the matters required to be included in the return. Provided, that if the taxpayer so requests, the Commission shall delay the examination for a period of up to thirty days from the date of the written notice, and the Commission shall also notify the taxpayer in writing that he may make this request. The provisions of this section shall not apply to nonresident taxpayers. Provided, the requirement of reasonable written notice and the thirty-day waiting period shall not apply if there is reasonable evidence that the taxpayer is about to destroy or remove the books, papers, records, or memoranda from the State or otherwise make them unavailable for inspection."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.