Bill 3443

                    Current Status

Bill Number:                       3443
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970212
Primary Sponsor:                   Askins 
All Sponsors:                      Askins 
Drafted Document Number:           jic\5365htc.97
Residing Body:                     Senate
Current Committee:                 Finance Committee 06 SF
Date of Last Amendment:            19970429
Subject:                           Sales tax, boats and motors
                                   sold to residents in another state
                                   for licensing; calculation of,
                                   Taxation, Watercraft

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
Senate  19970506  Introduced, read first time,             06 SF
                  referred to Committee
House   19970502  Read third time, sent to Senate
House   19970501  Read second time, unanimous consent
                  for third reading on the next
                  Legislative day
House   19970430  Debate adjourned until
                  Thursday, 19970501
House   19970429  Amended
House   19970424  Committee report: Favorable              30 HWM
House   19970212  Introduced, read first time,             30 HWM
                  referred to Committee

Indicates Matter Stricken
Indicates New Matter

AMENDED

May 1, 1997

H. 3443

S. Printed 5/1/97--H.

Read the first time February 12, 1997.

TO AMEND SECTION 12-36-930, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX DUE ON THE SALE OF A MOTOR VEHICLE TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE, SO AS TO EXTEND THIS CALCULATION OF THE TAX DUE TO BOATS AND MOTORS SOLD TO A RESIDENT OF ANOTHER STATE FOR LICENSING IN THE OTHER STATE.

Amend Title To Conform

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

SECTION 1. Section 12-36-930 of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:

"Section 12-36-930. (A) The tax imposed by this article on sales of motor vehicles, as defined in Section 56-1-10, trailers, semitrailers, or pole trailers and boats and motors of a type to be registered and licensed, to a resident of another state, is the lesser of:

(1) an amount equal to the sales tax, which would be imposed in the purchasers purchaser's state of residence, or

(2) the tax that would be imposed under this chapter.

(B) At the time of the sale, the seller shall:

(1) obtain from the purchaser a notarized statement of the purchasers purchaser's intent to license the vehicle, boat, or motor within ten days, in the purchasers purchaser's state of residence; and

(2) retain a signed copy of the notarized statement. The purchaser shall give a copy to the sales tax agency of the purchasers purchaser's state of residence.

(C) No tax is due if a nonresident will not receive credit in his state of residence for sales tax paid to this State under this section."

SECTION 2. Section 12-36-1360 of the 1976 code is amended to read:

"(A) Every A person liable for the use tax under Section 12-36-1330(A) who has not paid the tax due to a seller required or authorized to collect the tax, must file a return and remit the tax to the State, in accordance with this chapter.

(B) A person liable for the use tax in an amount of more than fifty dollars for a purchase by catalog or outside this State for storage, use, or other consumption in this State under Section 12-36-1330(A) who has not paid the tax due to a seller required or authorized to collect the tax, must file a return and remit the tax to the State, in accordance with this chapter."

SECTION 3. This act takes effect upon approval by the Governor.