South Carolina General Assembly
116th Session, 2005-2006

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Bill 210

Indicates Matter Stricken
Indicates New Matter

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

COMMITTEE REPORT

March 23, 2005

S. 210

Introduced by Senator Leatherman

S. Printed 3/23/05--S.

Read the first time January 12, 2005.

            

THE COMMITTEE ON FINANCE

To whom was referred a Bill (S. 210) to amend the Code of Laws of South Carolina, 1976, by adding Section 12-45-185, so as to allow the county treasurer to waive late payment penalties, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

HUGH K. LEATHERMAN, SR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT 1/

This bill is not expected to have any impact on state revenues. Local delinquent tax collections could decrease by a negligible amount but the waiver of penalties would be within the sole discretion of the county treasurer.

Explanation

This bill allows the county treasurer to waive the penalties imposed on delinquent taxes if the taxpayer provides clear and convincing evidence that the taxpayer delivered the timely payment to the United States mail or that the taxpayer timely delivered the payment. The waiving of these penalties is within the sole discretion of the county treasurer and the treasurer's denial of a waiver is not subject to appeal. Since this waiver is within the sole discretion of the county treasurer, the impact on delinquent tax collections, if any, is expected to be negligible.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact by the BEA, or Section 2-7-76 for a local revenue impact or Section 6-1-85(B) for an estimate of the shift in local property tax incidence by the Office of Economic Research.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-185, SO AS TO ALLOW THE COUNTY TREASURER TO WAIVE LATE PAYMENT PENALTIES ON PROPERTY TAXES WHEN THE TAXPAYER APPLIES IN WRITING TO THE TREASURER FOR THE WAIVER AND INCLUDES DOCUMENTATION IN THE APPLICATION SUFFICIENT FOR THE TREASURER TO CONCLUDE THAT THE TAXPAYER MADE TIMELY PAYMENT AND TO PROVIDE THAT ALLOWING THE WAIVER IS WITHIN THE SOLE DISCRETION OF THE COUNTY TREASURER AND IS NOT SUBJECT TO APPEAL.

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

SECTION    1.    Chapter 45, Title 12 of the 1976 Code is amended by adding:

"Section 12-45-185.    Notwithstanding the provisions of Section 12-45-180, the county treasurer may waive the penalties imposed pursuant to that section if the taxpayer provides clear and convincing evidence to the county treasurer that the taxpayer delivered the timely payment to the United States mail or that the taxpayer otherwise timely delivered or caused to be delivered the payment. The request for waiver must be in the form of an application in writing to the county treasurer that includes documentation sufficient for the treasurer to conclude that the taxpayer made timely payment of the taxes. Waiving penalties is within the sole discretion of the county treasurer and the treasurer's denial of a waiver is not subject to appeal."

SECTION    2.    This act takes effect upon approval by the Governor and applies for property taxes due for tax years beginning after 2004.

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