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A278, R420, H4527
Sponsors: Reps. M.A. Pitts, Bailey and Koon
Document Path: l:\council\bills\ggs\22297htc04.doc
Introduced in the House on January 14, 2004
Introduced in the Senate on April 20, 2004
Last Amended on June 1, 2004
Passed by the General Assembly on June 2, 2004
Governor's Action: July 16, 2004, Signed
Summary: State income tax deduction provided for a reserve police officer; provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/14/2004 House Introduced and read first time HJ-6 1/14/2004 House Referred to Committee on Ways and Means HJ-6 4/1/2004 House Committee report: Favorable with amendment Ways and Means HJ-8 4/14/2004 House Amended HJ-39 4/14/2004 House Read second time HJ-40 4/15/2004 House Read third time and sent to Senate HJ-15 4/20/2004 Senate Introduced and read first time SJ-9 4/20/2004 Senate Referred to Committee on Finance SJ-9 5/26/2004 Senate Committee report: Favorable with amendment Finance SJ-15 5/27/2004 Senate Amended SJ-278 5/27/2004 Senate Read second time SJ-278 5/27/2004 Senate Ordered to third reading with notice of amendments SJ-278 6/1/2004 Senate Amended SJ-51 6/1/2004 Senate Read third time and returned to House with amendments SJ-51 6/2/2004 House Concurred in Senate amendment and enrolled HJ-37 6/3/2004 Ratified R 420 7/16/2004 Signed By Governor 7/26/2004 Copies available 7/26/2004 Effective date See Act for Effective Date 7/28/2004 Act No. 278
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A278, R420, H4527)
AN ACT TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO EXTEND THE DEDUCTION ALLOWED AN ELIGIBLE VOLUNTEER FIREMAN, VOLUNTEER RESERVE SQUAD MEMBER, AND VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM TO A RESERVE POLICE OFFICER AND A DEPARTMENT OF NATURAL RESOURCES DEPUTY ENFORCEMENT OFFICER, TO DELETE OBSOLETE LANGUAGE, CLARIFY THAT ONLY ONE DEDUCTION IS ALLOWED, AND PROVIDE DEDUCTION ELIGIBILITY REQUIREMENTS FOR A RESERVE POLICE OFFICER AND DEPARTMENT OF NATURAL RESOURCES DEPUTY ENFORCEMENT OFFICER, AND TO AMEND TITLE 32 BY ADDING CHAPTER 13 SO AS TO PROVIDE FOR THE TIMING OF A REIMBURSEMENT PAYMENT FOR FEDERAL MANUFACTURERS EXCISE TAX IN CONTRACTS REQUIRING SUCH REIMBURSEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Income tax deduction
SECTION 1. Section 12-6-1140(10) of the 1976 Code, as last amended by Act 363 of 2002, is amended to read:
"(10) a deduction calculated as provided in this item for a volunteer firefighter, rescue squad member, volunteer member of a Hazardous Materials (HAZMAT) Response Team, reserve police officer, or Department of Natural Resources deputy enforcement officer not otherwise eligible for this exemption. An individual may receive only one deduction pursuant to this item. The Board of Economic Advisors annually shall estimate a maximum deduction that may be permitted under this section for a taxable year based on an individual income tax revenue loss of three million one hundred thousand dollars attributable to this deduction and shall certify that maximum deduction to the Department of Revenue and for the applicable taxable year, the maximum deduction amount must not exceed the lesser of the certified estimate or three thousand dollars. Only a volunteer earning a minimum number of points pursuant to Section 23-9-190 is eligible for this deduction. In the case of a reserve police officer and in lieu of minimum points determining eligibility, this deduction is allowed only if the reserve police officer's coordinator-supervisor certifies in writing to the officer that the officer met all requirements of Chapter 28, Title 23 applicable to a reserve police officer for the entire taxable year. In the case of a Department of Natural Resources deputy enforcement officer and in lieu of minimum points determining eligibility, this deduction is allowed only if the deputy enforcement officer's supervisor certifies in writing to the officer that the officer met all requirements of Section 50-3-315 for the entire taxable year. These certifications must be on a form approved by the Department of Revenue that must be filed with the officer's tax return for the exemption to be claimed."
Timing of reimbursement
SECTION 2. Title 32 of the 1976 Code is amended by adding:
Section 32-13-110. (A) If a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III, Subchapter A, Chapter 32 of the United States Internal Revenue Code, whether as a separate item or as part of the price, there exists for the party making the reimbursement a contractual right relating to the timing of that payment which may be invoked at the option of the party as provided in subsection (B).
(B) The party making the reimbursement is not required to tender payment for the taxes more than one business day before the time that the other party is required to remit the taxes to the United States Internal Revenue Service.
(C) If a party exercises the option provided in subsections (A) and (B), the other party may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole. That party, however, may not change the other payment terms of the contract without a valid business reason other than to exercise the option as provided in subsections (A) and (B) except to require the payment of the taxes under the option to be made by electronic transfer of funds.
(D) The party exercising the option provided in subsections (A) and (B) shall notify the other party in writing of the intent to exercise the payment option and the effective date of the exercise which must be no earlier than thirty days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later.
(E) This section applies to all contracts now in effect which have no expiration date and are continuing contracts and to all other contracts entered into or renewed after the effective date of this section. A contract in force and effect on the effective date of this section, which, by its own terms terminates on a date subsequent to it, must be governed by the law as it existed before the effective date of this section.
(F) The option provided for in subsections (A) and (B) does not impair the obligations arising under any contract executed before the effective date of this section. If the option provided for in subsections (A) and (B) is exercised, it does not relieve the party of the obligation to make the reimbursement as provided for in the contract but affects only the timing of when that reimbursement must be tendered."
SECTION 3. This act takes effect upon approval by the Governor and applies for taxable years beginning after 2003.
Ratified the 3rd day of June, 2004.
Approved the 16th day of July, 2004.
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