Current Status Bill Number:
4720Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980226Primary Sponsor: McLeodAll Sponsors: McLeodDrafted Document Number: gjk\21193htc.98Residing Body: HouseCurrent Committee: Ways and Means Committee 30 HWMSubject: Business license tax, administering of; Revenue Department may disclose information; Taxation, Income tax
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19980226 Introduced, read first time, 30 HWM referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 12-4-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE DEPARTMENT SHALL MAKE INCOME TAX INFORMATION AVAILABLE TO POLITICAL SUBDIVISIONS FOR PURPOSES OF ADMINISTERING BUSINESS LICENSE TAXES AND TO DELETE PROVISIONS MADE OBSOLETE BY THE RESTRUCTURING ACT; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF INFORMATION FILED WITH THE DEPARTMENT OF REVENUE, SO AS TO ALLOW DISCLOSURE TO COUNTY AND MUNICIPAL OFFICIALS OF GROSS RECEIPTS AND NET TAXABLE SALES REPORTED TO THE DEPARTMENT FOR PURPOSES OF ADMINISTERING BUSINESS LICENSE TAXES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-4-310 of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"Section 12-4-310. The commission department shall:
(1) hold meetings, as considered necessary by the chairman, with a majority of the commissioners constituting a quorum. The commission may hold meetings, transact business, or conduct investigations at any place necessary; however, its primary office is in Columbia Reserved;
(2) formulate and recommend legislation to enhance uniformity, enforcement, and administration of the tax laws, and secure just taxation and improvements in the system of taxation;
(3) consult and confer with the Governor upon the subject of taxation, the administration of the laws, and the progress of the work of the commission department, and furnish the Governor reports, assistance, and information he may require;
(4) prepare and publish, annually, statistics reasonably available with respect to the operation of the commission department, including amounts collected, and other facts it considers pertinent and valuable;
(5)(a) make available to the authorities of a political subdivision information reported to the commission department pursuant to the requirements of Chapter 36 of this title of businesses licensed under Section 12-36-510 in the requesting political subdivision.;
(b) make available to the authorities of a municipality or county in this State levying a tax based on gross receipts or net taxable sales, any records indicating the amount of gross receipts or net taxable sales reported to the department. Income tax records may be made available only if the department determines that the gross receipts reported to the municipality or county were less than the gross receipts as indicated by department records. However, if a taxpayer has reported no gross receipts or has failed to comply with reporting requirements, the department shall provide such income tax record as the municipality or county may request;
(6) hire all necessary personnel, including officers, agents, deputies, experts, and assistants, and assign to them duties and powers as the commission department prescribes;
(7) require those of its officers, agents, and employees it designates to give bond for the honest performance of their duties in the sum and with the sureties it determines; and all premiums on the bonds must be paid by the commission department;
(8) pay travel expenses, purchase, or lease all necessary facilities, equipment, books, periodicals, and supplies for the performance of its duties; and
(9) exercise and perform other powers and duties as granted to it or imposed upon it by law.
(10) make available to the authorities of a municipality or county in this State levying a tax based on gross receipts or net taxable sales, any records indicating the amount of gross receipts or net taxable sales reported to the commission; provided, however, that income tax records may be made available only if the commission first has satisfied itself that the gross receipts reported to the municipality or county were less than the gross receipts as indicated by the records of the commission."
SECTION 2. Section 12-54-240(B)(9) of the 1976 Code, as added by Act 50 of 1991, is amended to read:
"(9) disclosure of information pursuant to Section Sections 12-4-310(5) and 12-4-310(10) to county and municipal officials;"
SECTION 3. This act takes effect upon approval by the Governor.