S 1270 General Bill, By Rose
 A BILL TO AMEND SECTIONS 12-60-1750 AND 12-43-220 OF THE 1976 CODE, RELATING
 TO REFUNDS OF PROPERTY TAXES, TO PROVIDE THAT NO REFUND MUST BE GIVEN FOR A
 CHANGE IN ASSESSMENT RATIOS TO THE SPECIAL FOUR PERCENT ASSESSMENT RATIO
 UNLESS THE APPLICATION WAS TIMELY FILED; AND TO FURTHER AMEND SECTION
 12-43-220, RELATING TO THE SPECIAL FOUR PERCENT ASSESSMENT RATIO, TO PROVIDE
 THAT THE PROPERTY MAY ONLY BE CLAIMED AT THE FOUR PERCENT ASSESSMENT RATIO FOR
 THE PRO-RATA PORTION OF THE YEAR IN WHICH THE PROPERTY WAS THE LEGAL
 RESIDENCE.

   03/11/10  Senate Introduced and read first time SJ-3
   03/11/10  Senate Referred to Committee on Finance SJ-3
   03/24/10  Senate Committee report: Favorable with amendment Finance SJ-9
   03/25/10  Senate Committee Amendment Adopted SJ-43
   03/25/10  Senate Read second time SJ-43
   03/30/10  Senate Read third time and sent to House SJ-10
   04/13/10  House  Introduced and read first time HJ-27
   04/13/10  House  Referred to Committee on Ways and Means HJ-27

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

March 25, 2010

S. 1270

S. Printed 3/25/10--S.

Read the first time March 11, 2010.

TO AMEND SECTIONS 12-60-1750 AND 12-43-220 OF THE 1976 CODE, RELATING TO REFUNDS OF PROPERTY TAXES, TO PROVIDE THAT NO REFUND MUST BE GIVEN FOR A CHANGE IN ASSESSMENT RATIOS TO THE SPECIAL FOUR PERCENT ASSESSMENT RATIO UNLESS THE APPLICATION WAS TIMELY FILED; AND TO FURTHER AMEND SECTION 12-43-220, RELATING TO THE SPECIAL FOUR PERCENT ASSESSMENT RATIO, TO PROVIDE THAT THE PROPERTY MAY ONLY BE CLAIMED AT THE FOUR PERCENT ASSESSMENT RATIO FOR THE PRO-RATA PORTION OF THE YEAR IN WHICH THE PROPERTY WAS THE LEGAL RESIDENCE.

Amend Title To Conform

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

SECTION    1.    Section 12-60-1750 of the 1976 Code is amended to read:

"Section 12-60-1750.    Notwithstanding any other provision of law, no refund of property taxes must be given:

(1)    for a property tax exemption requiring an application, unless the application was timely filed; or

(2)    for errors in valuation, unless the assessment was appealed in accordance with Section 12-60-2110, 12-60-2510, or 12-60-2910, as appropriate. For the purposes of this item, the taxation of exempt property is not an error in valuation; or

(3)    for a change in assessment ratios to the special four percent assessment ratio pursuant to Section 12-43-220(c) unless the application was made before the first penalty date for the payment of taxes for the tax year for which the owner claims the refund."

SECTION    2.    Section 12-43-220(c)(3) of the 1976 Code is amended to read:

"(3)    Notwithstanding any other provision of law, a taxpayer may apply for a refund of property taxes overpaid because the property was eligible for the legal residence assessment ratio and the application was made before the first penalty date for the payment of taxes for the tax year for which the taxpayer claims the refund. The application must be made in accordance with Section 12-60-2560. The taxpayer must establish that the property in question was in fact his legal residence and where he was domiciled. A county council, by ordinance, may allow refunds for the county government portion of property taxes for such additional past years as it determines advisable."

SECTION    3.    This act takes effect upon approval by the Governor and applies for all property tax years beginning after December 31, 2009.