Current Status Introducing Body:Senate Bill Number:1100 Primary Sponsor:Washington Committee Number:06 Type of Legislation:GB Subject:Property tax payments, interest on Residing Body:Senate Current Committee:Finance Computer Document Number:JIC/5438HC.94 Introduced Date:19940201 Last History Body:Senate Last History Date:19940201 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Washington Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
1100 Senate 19940201 Introduced, read first time, 06
referred to Committee
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TO AMEND SECTION 12-45-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR LATE PAYMENT OF PROPERTY TAXES, SO AS TO ELIMINATE FIXED PENALTIES AND PROVIDE FOR INTEREST ON UNPAID TAXES CALCULATED IN THE SAME MANNER AS INTEREST ON INCOME AND OTHER STATE TAX UNDERPAYMENTS; AND TO AMEND SECTION 12-51-90, RELATING TO REDEMPTION OF PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT THE INTEREST DUE ON THE REDEMPTION IS CALCULATED IN THE SAME MANNER AS INTEREST ON INCOME TAX AND OTHER STATE TAX UNDERPAYMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-45-180 of the 1976 Code, as last amended by Act 9 of 1993, is further amended to read:
"Section 12-45-180. When the taxes and assessments or any portion of the taxes and assessments charged against any property or person on the duplicate for the current fiscal year are not paid before the sixteenth day of January or thirty days after the mailing of tax notices, whichever occurs later, the county auditor shall add interest as calculated pursuant to the provisions of Section 12-54-20 a penalty of three percent on the county duplicate and the county treasurer shall collect the penalty interest. If the taxes, assessments, and penalty are not paid before the second day of the next February, an additional penalty of seven percent must be added by the county auditor on the county duplicate and collected by the county treasurer. If the taxes, assessments, and penalties are not paid before the seventeenth day of March, the county treasurer shall issue his tax execution to the officer authorized and directed to collect delinquent taxes, assessments, penalties, and costs for their collection as provided in Chapter 51 of this title and they must be collected as required by that chapter. The United States postmark is the determining date for mailed payments. If the County Treasurer determines by proper evidence that the mailing of a tax payment was improperly postmarked, and such the error results in the imposition of a penalty the interest provided herein in this section, then such penalty interest imposed herein may be waived by the County Treasurer.
If the payment dates required by this section fall on a Saturday, Sunday, or legal holiday, the dates are extended to the end of the second business day immediately following which is not a Saturday, Sunday, or legal holiday."
SECTION 2. Section 12-51-90 of the 1976 Code is amended to read:
"Section 12-51-90. The defaulting taxpayer, any grantee from the owner, or any mortgage or judgment creditor may within twelve months from the date of the delinquent tax sale redeem each item of real estate by paying to the person officially charged with the collection of delinquent taxes, assessments, penalties, and costs, together with eight percent interest as calculated under the provisions of Section 12-54-20 on the whole amount of the delinquent tax sale bid. If prior to the expiration of the redemption period, the purchaser assigns his interest in any real property purchased at a delinquent tax sale, the grantee from the successful bidder shall furnish the person officially charged with the collection of delinquent taxes a conveyance, witnessed and notarized. The person officially charged with the collection of delinquent taxes shall replace the successful bidder's name and address with the grantee's name and address in the delinquent tax sale book."
SECTION 3. Upon approval by the Governor, this act takes effect for property taxes due for tax years after 1993 and for redemption after December 31, 1994.