South Carolina General Assembly
109th Session, 1991-1992

Bill 663


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    663
Primary Sponsor:                Land
Committee Number:               30
Type of Legislation:            GB
Subject:                        Tax payments of twenty thousand or
                                more
Residing Body:                  House
Current Committee:              Ways and Means
Computer Document Number:       JIC/5337.HC
Introduced Date:                Feb 14, 1991
Date of Last Amendment:         Mar 07, 1991
Last History Body:              House
Last History Date:              Jun 06, 1991
Last History Type:              Recommitted to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Land
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 663   House   Jun 06, 1991  Recommitted to Committee        30
 663   House   Jun 05, 1991  Debate adjourned until
                             Thursday, June 6
 663   House   May 30, 1991  Recalled from Committee         30
 663   House   Mar 14, 1991  Introduced, read first time,    30
                             referred to Committee
 663   Senate  Mar 13, 1991  Read third time, sent to House
 663   Senate  Mar 07, 1991  Amended, read second time
 663   Senate  Mar 06, 1991  Committee Report: Favorable     06
                             with amendment
 663   Senate  Feb 14, 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.)

RECALLED

May 30, 1991

S. 663

Introduced by SENATOR Land

S. Printed 5/30/91--H.

Read the first time March 14, 1991.

A BILL

TO REPEAL SECTION 12-54-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO REQUIRE TAX PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE TO BE MADE BY ANY MEANS ESTABLISHED BY THE COMMISSION, WITH THE APPROVAL OF THE STATE TREASURER, THAT MAKES THE FUNDS IMMEDIATELY AVAILABLE TO THE STATE.

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

SECTION 1. (A) From July 1, 1991, through June 30, 1992, the provisions of Section 12-54-250 of the 1976 Code do not apply and the provisions of subsection (B) of this section apply.

(B) (1) The South Carolina Tax Commission may require, consistent with the cash management policies of the State Treasurer, that any person owing twenty thousand dollars or more in connection with any return, report, or other document to be filed with the commission shall pay the tax liability to the State no later than the date the payment is required by law to be made in funds which are available immediately to the State on the date of payment. Evidence of the payment must be furnished to the commission on or before the due date of the tax as provided by law. Failure to make timely payment in immediately available funds or failure to provide evidence of payment in a timely manner subjects the taxpayer to penalties and interest as provided by law for delinquent or deficient tax payments."

(2) The commission by rule may prescribe alternative periodic filing and payment dates later than the dates otherwise provided by law for any taxes collected by the commission in those instances where it is considered to be in the best interest of the State. An alternative date may not be later than the last day of the month in which the tax was otherwise due.

(3) The commission may prescribe rules and the State Treasurer banking procedures necessary for the administration of the provisions of this section.

(4) Payment by immediately available funds and filing of the return are considered simultaneous acts with respect to penalties and interest for failure to file and failure to pay. Penalties and interest must be calculated based on the later of the return postmark date or payment date.

(5) For the purposes of this section, immediately available funds include cash, certified check, money order, or wire transfers as established by the commission with the approval of the State Treasurer.

(6) Notwithstanding any other provisions of law, a taxpayer making payment by wire transfer shall make the transfer by the second banking day following the statutory due date. Payments made by cash, certified check, or money order must be made on or before the statutory due date and must be delivered by hand to the revenue processing office of the commission.

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

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