South Carolina General Assembly
112th Session, 1997-1998

Bill 4634


                    Current Status

Bill Number:                    4634
Ratification Number:            464
Act Number:                     338
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19980217
Primary Sponsor:                Sandifer
All Sponsors:                   Sandifer, Quinn, R. Smith,
                                Easterday, Cooper, Simrill, Townsend,
                                Kennedy, Rice, Trotter, Woodrum,
                                Barrett, Cotty, Webb, Martin, Law,
                                Kelley, Koon, Dantzler, McMaster,
                                Harrell, Sharpe, McKay, H. Brown,
                                Robinson, Young, McGee, Cato, Harrison,
                                Riser, Boan, Jennings, Vaughn,
                                Young-Brickell, Keegan, Felder, Haskins,
                                Kirsh, Leach, Meacham and Lanford 
Drafted Document Number:        jic\5203htc.98
Date Bill Passed both Bodies:   19980604
Governor's Action:              S
Date of Governor's Action:      19980609
Subject:                        Property tax assessments, proration
                                of between transferor and transferee on
                                items titled by state, federal
                                agency

History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19980617  Act No. A338
------  19980609  Signed by Governor
------  19980604  Ratified R464
Senate  19980604  Read third time, enrolled for
                  ratification
Senate  19980603  Read second time
Senate  19980603  Recalled from Committee                  06 SF
Senate  19980421  Introduced, read first time,             06 SF
                  referred to Committee
House   19980416  Read third time, sent to Senate
House   19980415  Read second time
House   19980408  Committee report: Favorable              30 HWM
House   19980217  Introduced, read first time,             30 HWM
                  referred to Committee


View additional legislative information at the LPITS web site.


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

(A338, R464, H4634)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-735 SO AS TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES BETWEEN TRANSFEROR AND TRANSFEREE ON ITEMS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING MOTOR

VEHICLES OR UNITS OF MANUFACTURED HOUSING, AND TO PROVIDE FOR THE LIABILITY FOR PAYMENT OF THE PRORATED TAXES.

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

Proration of personal property taxes

SECTION 1. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:

Section 12-37-735. (A) When ownership of personal property required to be titled by a state or federal agency, not including motor vehicles taxed pursuant to Article 21 of this chapter or units of manufactured housing, is transferred, the transferor's property tax year for the property ends on the transfer date and a new property tax year begins for the transferee. When the actual transfer date is not the first day of the month, for purposes of this section, the transfer date is deemed to be the first day of the next month. The auditor shall prepare prorated tax bills for each partial tax year and the transferor and transferee are liable only for that tax attributable to their respective periods of ownership and the lien for payment of property taxes is enforceable only for the collection of the taxes due from the transferee.

(B) The provisions of this section apply only if the transferor files with the appropriate county auditor before the first penalty date for property taxes a form designed by the Department of Revenue, signed by the transferee in which the transferor assumes personal liability for his share of the taxes, and which provides that information necessary to prorate and bill the taxes. These prorated tax bills are due and payable as provided by law to the treasurer of the county where the tax would be due without regard to this section. The appropriate county auditor is the auditor of the county which is the situs of the property, or if the transferor is a resident individual, the auditor of the county of the transferor's domicile.

Time effective

SECTION 2. This act takes effect January 1, 1998, and applies with respect to transfers occurring after 1997.

Approved the 9th day of June, 1998.