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Current Status Bill Number:View additional legislative information at the LPITS web site.3853 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990406 Primary Sponsor:McKay All Sponsors:McKay Drafted Document Number:l:\council\bills\nbd\11272mm99.doc Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Property tax assessments, proration form provided when watercraft or aircraft titled by agency History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990406 Introduced, read first time, 30 HWM referred to Committee Versions of This Bill
TO AMEND SECTION 12-37-735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRORATION OF TAXES UPON THE TRANSFER OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY SO AS TO LIMIT ITS APPLICATION TO WATERCRAFT AND AIRCRAFT TITLED, REGISTERED, OR LICENSED BY AN AGENCY AND TO PROVIDE FOR FILING OF A PRORATION FORM AND FOR DETERMINING APPROPRIATE MILLAGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-37-735 of the 1976 Code, as added by Act 338 of 1998, is amended to read:
"Section 12-37-735. (A) When ownership of personal property watercraft and aircraft required to be titled, registered, or licensed 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 liability for property taxes for the year for the property ends and the transferee's liability for the property taxes on the property for the year begins. 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 taxes accruing up to the date of the transfer must be paid to the county where the property is located within thirty days of the transfer. If the millage has not yet been set for the year the transfer occurs, the county auditor shall apply the previous year's millage in determining the taxes owed. If the millage has been determined, the auditor shall apply the current year's millage in determining the taxes owed. 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 a proration form, designed by the Department of Revenue and signed by the transferor and the transferee in which the transferor assumes personal liability for his share of the taxes, is filed with the appropriate county auditor five working days before the transfer occurs. The proration form must contain that information necessary to prorate and bill the taxes. 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."
SECTION 2. This act takes effect upon approval by the Governor and applies with respect to transfers occurring after 1998.
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