South Carolina General Assembly
109th Session, 1991-1992

Bill 449


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Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    449
Primary Sponsor:                Passailaigue
Committee Number:               30
Type of Legislation:            GB
Subject:                        Income tax refunds, hardship
                                cases
Residing Body:                  House
Computer Document Number:       JIC/5201.HC
Introduced Date:                Jan 10, 1991
Last History Body:              House
Last History Date:              Feb 19, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Passailaigue
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 449   House   Feb 19, 1991  Introduced, read first time,    30
                             referred to Committee
 449   Senate  Feb 15, 1991  Read third time, sent to House
 449   Senate  Feb 14, 1991  Read second time, unanimous
                             consent for third reading on
                             Friday, February 15
 449   Senate  Feb 13, 1991  Committee Report: Favorable     06
 449   Senate  Jan 10, 1991  Introduced, read first time,    06
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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Indicates New Matter

COMMITTEE REPORT

February 13, 1991

S. 449

Introduced by Senator Passailaigue

S. Printed 2/13/91--S.

Read the first time January 10, 1991.

THE COMMITTEE ON FINANCE

To whom was referred a Bill (S. 449), to amend the Code of Laws of South Carolina, 1976, by adding Section 12-7-100 so as to provide for expedited processing of individual income tax, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

JAMES M. WADDELL, JR., for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

Senate Bill 449 adds Section 12-7-100 so as to provide for expedited processing of individual income tax refunds by the South Carolina Tax Commission in hardship cases.

This bill would have no effect on state or local revenue.

Approved By:

S. Hunter Howard, Jr.

S.C. Tax Commission

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-100 SO AS TO PROVIDE FOR EXPEDITED PROCESSING OF INDIVIDUAL INCOME TAX REFUNDS BY THE SOUTH CAROLINA TAX COMMISSION IN HARDSHIP CASES.

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

SECTION 1. Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-100. (A) The commission may expedite income tax refunds for individual taxpayers experiencing significant hardships as defined by this section which warrant issuing a refund in less than the normal processing period.

(B) To qualify for an expedited refund, the taxpayer must be experiencing a significant hardship which consists of:

(1) a medical emergency;

(2) a sudden financial hardship which, if unresolved, makes it impossible for the taxpayer to provide the basic requirements of living for himself or his family;

(3) imminent eviction;

(4) possible loss of job;

(5) imminent bankruptcy; or

(6) a hardship associated with military service.

The commission shall determine eligibility for expedited refunds on a case-by-case basis. The commission may determine a hardship based on documents submitted by the taxpayer or based on verbal representations of the taxpayer made to appropriate commission officials.

(C) On determination of hardship and based on the taxpayer's need, the commission shall assign the refund a priority and expedite processing the taxpayer's refund as follows:

(1) Priority 3 refunds must be processed within three weeks.

(2) Priority 2 refunds must be processed within ten days.

(3) Priority 1 refunds must be processed within five days.

(D) The commission may prescribe appropriate procedures to implement the provisions of this section."

SECTION 2. This act takes effect upon approval by the Governor.

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