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Bill Number: 269 Ratification Number: 99 Act Number 64 Introducing Body: Senate Subject: Filing of applications for ad valorem property tax exemption
(A64, R99, S269)
A JOINT RESOLUTION TO PROVIDE THAT THE FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1985, 1986, AND 1987 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1987, TO REQUIRE REFUND OF EXCESS 1986 TAXES PAID BECAUSE OF THE FAILURE TO FILE TIMELY THE EXEMPTION APPLICATION; AND TO AMEND SECTION 12-3-145, AS AMENDED, RELATING TO THE METHOD OF OBTAINING EXEMPTION FROM PROPERTY TAXES, SO AS TO ELIMINATE THE REQUIREMENT FOR ANNUAL APPLICATIONS AND TO INCLUDE WITHIN THE PURVIEW OF THE SECTION THE EXEMPTION FOR BUSINESS INVENTORIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The time for the filing of applications for the exemption of property required by Section 12-3-145 of the 1976 Code for the 1985, 1986, and 1987 taxable years is extended until July 1, 1987. A taxpayer who files an application for exemption before July 1, 1987, and who has paid 1986 taxes in excess of taxes he would have paid if the application had been timely filed, shall have the excess refunded by the treasurer of the county in which he resides.
Method of obtaining exemption
SECTION 2. Subsections B and G of Section 12-3-145 of the 1976 Code, as amended by Act 304 of 1986, are respectively amended to read:
"B. Any tax-exempt property owner or any property owner whose property may qualify for property exemption shall obtain an application for the exemption from the commission and shall file the application for exemption between January first and the last day of February of each year, containing the information requested by the commission. The owners of exempt property, as stated in items (7) and (8) of subsection A and item (17) of subsection B of Section 12-37-220, shall file the application before the sixteenth day of the fourth month after the close of the accounting period regularly employed by the taxpayer for income tax purposes in accordance with Chapter 7 of Title 12. The owners of exempt property as provided for in items (26) and (27) of subsection B of Section 12-37-220 and churches which own motor vehicles shall file an application for exemption within sixty days before or within thirty days after the date on which the motor vehicle was registered or the registration renewal date.
Each owner of exempt real or personal property shall file an initial application within the time stipulated by this subsection enumerating the exempt property but thereafter is not required to file an additional application for the property unless there is a change in the status of the property as reported on the initial application or unless requesting an exemption for property which was not included on the initial application or on a subsequent application.
The commission upon proper investigation has the authority to declare the churches, parsonages, and burying grounds identified in this subsection exempt from ad valorem taxation and shall verify the exemption to the auditor's office in the county in which the property is located. Upon verification by the commission, the auditor shall void any tax notice applicable to the property.
G. The provisions of this section do not apply
in the case of properties owned by the United States Government or those exempt properties enumerated in items (1), (5), (6), and (10) of subsection A and items (9), (13), (14), (15), (23), (25), and (30) of subsection B of Section 12-37-220."
SECTION 3. This act takes effect upon approval by the Governor.