South Carolina General Assembly
115th Session, 2003-2004

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Bill 1090


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Indicates New Matter


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

A BILL

TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO PROVIDE THAT AS AN ALTERNATIVE TO THE GRADUATED BUSINESS LICENSE TAX, A COUNTY MAY IMPOSE A FLAT BUSINESS LICENSE TAX IN AN AMOUNT NOT TO EXCEED FIFTEEN DOLLARS THROUGHOUT THE COUNTY.

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

SECTION    1.    Section 4-9-30(12) of the 1976 Code, as last amended by Act 405 of 1994, is further amended to read:

"(12)(a)    to levy uniform license taxes upon persons and businesses engaged in or intending to engage in a business, occupation, or profession, in whole or in part, within the county but outside the corporate limits of a municipality except those persons who are engaged in the profession of teaching or who are ministers of the gospel and rabbis, except persons and businesses acting in the capacity of telephone, telegraph, gas and electric utilities, suppliers, or other utility regulated by the Public Service Commission and except an entity which is exempt from license tax under another law or a subsidiary or affiliate of any such exempt an entity. No A county license fee or tax may not be levied on insurance companies. The license tax must be graduated according to the gross income of the person or business taxed. A business engaged in making loans secured by real estate is subject to the license tax only if it has premises located in the county but outside the corporate limits of a municipality. If the person or business taxed pays a license tax to another county or to a municipality, the gross income for the purpose of computing the tax must be reduced by the amount of gross income taxed in the other county or municipality.;

(b)    to levy a flat business license tax in an amount not to exceed fifteen dollars annually on all persons and businesses subject to the tax in subitem (a) to be administered and enforced in the same manner as the tax which may be imposed pursuant to the provisions of subitem (a). A license tax imposed pursuant to this subitem applies throughout the county area. County council has the option of determining the amount of tax to be levied, not to exceed fifteen dollars annually. A flat business license tax may not be converted into a graduated business license tax imposed pursuant to subitem (a)."

SECTION    2.    This act takes effect upon approval by the Governor.

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