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AMENDED
May 27, 2004
H. 5085
Introduced by Reps. Cotty, Bales, Battle, Chellis, Frye, Herbkersman, Littlejohn, G.R. Smith and Snow
S. Printed 5/27/04--S.
Read the first time April 28, 2004.
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 FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-6-1140 of the 1976 Code, as last amended by Act 363 of 2002, is further amended by adding an appropriately numbered item at the end to read:
"( )(a) An amount not to exceed ten thousand dollars of expenses incurred by a resident full-year individual taxpayer in the donation, while living, of one or more of the taxpayer's organs to another human being for human organ transplantation.
(b) An individual may claim this deduction in connection with only one organ donation and the deduction is allowed for the taxable year in which the human organ transplantation occurs. Unused credit may be carried forward for the three succeeding taxable years. Expenses eligible for this deductionare the expenses, to the extent not reimbursed, incurred by the taxpayer donor for travel expenses, lodging expenses, and lost wages related to the taxpayer's organ donation.
(c) For purposes of this item, 'human organ' means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow."
SECTION 2. Article 7, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-1085. Except as provided in Section 12-21-1035 and Sections 12-21-1320 to 12-21-1350, the taxes provided for in this article are in lieu of all other taxes and licenses on beer and wine of the State, the county, or the municipality, except the sales and use tax, or Sections 6-1-700 through 6-1-770, and include licenses for its delivery by the wholesaler."
SECTION 3. A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3555. In the case of a decedent resident in this State at the time of death whose organs or tissues were removed for transplant, the decedent's surviving spouse or personal representative, as applicable, may elect to claim one of the following nonrefundable tax credits:
(1) a credit equal to one thousand dollars against any liability imposed pursuant to Section 12-6-510 on the decedent's final state individual income tax return;
(2) a credit equal to one thousand dollars against any liability imposed pursuant to Section 12-6-510 on the decedent's estate income tax return;
(3) a credit equal to one thousand dollars against any estate tax liability imposed pursuant to Chapter 16 of this title.
The department shall prescribe the documentation required to be filed by a surviving spouse or personal representative with the appropriate tax return in order to claim the credit allowed by this section."
B. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies in the case of organs or tissues donated on and after that date.
SECTION 4. Section 1 of this act takes effect upon approval by the Governor and applies for taxable years beginning after 2003. Section 2 of this act takes effect upon approval by the Governor.
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