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Bill Number: 3370 Ratification Number: 362 Act Number 347 Introducing Body: House Subject: Tax refunds; deceased
(A347, R362, H3370)
AN ACT TO AMEND SECTION 12-7-2250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT THE REFUND OF AN INCOME TAX OVERPAYMENT OF A DECEASED TAXPAYER IS THE SOLE AND SEPARATE PROPERTY OF THE TAXPAYER'S SURVIVING SPOUSE IF THE OVERPAYMENT IS THREE HUNDRED FIFTY DOLLARS OR LESS, SO AS TO DELETE THE REQUIREMENT OF THE SECTION THAT THE REFUND BE THREE HUNDRED FIFTY DOLLARS OR LESS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-7-2250 of the 1976 Code is amended to read:
"Section 12-7-2250. Whenever an overpayment of federal or state income tax is determined to exist and the person to whom the overpayment is due to be paid is deceased at the time the overpayment of tax is to be refunded, and irrespective of whether the deceased had filed income tax returns separately or jointly with the surviving spouse, the amount of the overpayment is the sole and separate property of the decedent's surviving spouse, if any, and the refund of the overpayment by the United States or by a state of the United States directly to the surviving spouse operates as a complete acquittal and discharge to it of liability from any suit, claim, or demand of nature by any heir, distributee, creditor of the decedent, or any other person."
SECTION 2. This act takes effect upon approval by the Governor.