South Carolina General Assembly
110th Session, 1993-1994

Bill 303


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    303
Primary Sponsor:                Passailaigue
Committee Number:               06
Type of Legislation:            JR
Subject:                        Income tax refund provisions
Residing Body:                  Senate
Current Committee:              Finance
Computer Document Number:       303
Introduced Date:                19930127    
Last History Body:              Senate
Last History Date:              19930127    
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Passailaigue
                                Giese
Type of Legislation:            Joint
                                Resolution



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

303   Senate  19930127      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.)

A JOINT RESOLUTION

TO PROVIDE FOR THE MANNER IN WHICH A REFUND IS MADE PURSUANT TO A CLAIM RESULTING FROM THE DECISION OF THE UNITED STATES SUPREME COURT IN DAVIS V. MICHIGAN, AS THAT DECISION MAY APPLY TO THE INDIVIDUAL INCOME TAX LAWS OF THIS STATE.

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

SECTION 1. (A) A taxpayer who is entitled to a refund pursuant to a claim resulting from the decision of the United States Supreme Court in Davis v. Michigan, as that decision may apply to the individual income tax laws of this State, shall receive the refund in accordance with the following procedure: A claim for a refund must be made or filed in the manner provided by law, and the refunds must be paid in the form of notes in accordance with the provisions of this section. The State shall issue three-year promissory notes to each person for whom the State has a liability. These notes shall bear a rate of interest, at the time of issuance, at seventy-five percent of the prevailing three-year U.S. Treasury note. A note may be redeemed for face value plus interest per annum in one-year intervals from the point of issuance.

(B) A refund must be issued, in accordance with the provisions of subsection (A), to the estate of a deceased taxpayer and to a nonresident who is entitled to a refund pursuant to this section.

(C) The provisions of this section apply notwithstanding the provisions of law relating to the payment of income tax refunds. SECTION 2. This act takes effect upon approval by the Governor.

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