Current Status Bill Number:787 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970527 Primary Sponsor:McConnell All Sponsors:McConnell Drafted Document Number:res1460.gfm Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Property tax exemptions, deceased disabled veteran or serviceman killed in action, surviving spouse of; Taxation
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970527 Introduced, read first time, 06 SF
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES WHEREBY A SURVIVING SPOUSE OF A DECEASED DISABLED VETERAN OR SERVICEMAN KILLED IN ACTION QUALIFIES FOR THE EXEMPTION ALLOWED FOR THE DWELLING HOUSE OF SUCH A VETERAN OR SERVICEMAN OR HIS SURVIVING SPOUSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-37-220(B)(1) of the 1976 Code, as last amended by Act 272 of 1996, is further amended to read:
"(1) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with a spouse, by any veteran who is one hundred percent permanently and totally disabled from a service-connected disability, if the veteran files a certificate signed by the county service officer of the total and permanent disability with the State Department of Revenue. The exemption is allowed the surviving spouse of the veteran and is also allowed to the surviving spouse of a serviceman or law enforcement officer as defined in Section 23-6-400(D)(1) killed in action in the line of duty who owned the lot and dwelling house in fee or for life, or jointly with his spouse, so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. A surviving spouse who disposes of the exempt dwelling and acquires another residence in this State for use as a dwelling house with a value no greater than one and one-half times the fair market value of the exempt dwelling may apply for and receive the exemption on the newly acquired dwelling, but no subsequent dwelling of a surviving spouse is eligible for exemption under this item. The spouse shall must inform the Department of Revenue of the change in address of the dwelling. The dwelling house is defined as a person's legal residence.
A surviving spouse eligible for the exemption under this subsection who subsequently converts another dwelling in which the surviving spouse owned at least a fifty percent fee or life interest therein prior to the veteran or serviceman or officer's death into the surviving spouse's principal residence after the veteran or serviceman or officer's death qualifies for the exemption allowed by this item if the surviving spouse has not remarried whether or not:
(a) the fair market value of the converted residence exceeds one and one-half times the fair market value of the principal residence the veteran or serviceman or officer and surviving spouse occupied at the time of the veteran or serviceman or officer's death; and
(b) the veteran or serviceman or officer received the exemption authorized by this item on the principal residence the veteran or serviceman or officer and his surviving spouse occupied at the time of his death if the veteran or serviceman or officer was eligible to receive this exemption on that residence. The exemption allowed a surviving spouse by this paragraph only applies to the first dwelling the surviving spouse subsequently converts to a principal residence and not to any others thereafter."
SECTION 2. This section is effective upon approval by the Governor and the provisions of Section 12-37-220(B)(1) of the 1976 Code, as amended by Section 1 of this act, apply beginning with the 1997 calendar year. Persons who met the requirements of Section 1 prior to the effective date of this act are eligible for the exemption, beginning with the 1997 calendar year.