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H. 5309

STATUS INFORMATION

General Bill
Sponsors: Rep. McLeod
Document Path: l:\council\bills\bbm\10693htc12.docx

Introduced in the House on May 23, 2012
Currently residing in the House Committee on Ways and Means

Summary: Ad valorem taxation

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   5/23/2012  House   Introduced and read first time (House Journal-page 22)
   5/23/2012  House   Referred to Committee on Ways and Means 
                        (House Journal-page 22)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

5/23/2012

TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO LIMIT ROLLBACK TAXES TO ONE YEAR WHEN LAND CLASSIFIED AS AGRICULTURAL REAL PROPERTY IS APPLIED TO ANOTHER USE.

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

SECTION    1.    Section 12-43-220(d)(4) of the 1976 Code, as last amended by Section 219, Act 181 of 1993, is further amended to read:

"(4)    When real property which is in agricultural use and is being valued, assessed, and taxed under the provisions of this article, is applied to a use other than agricultural, it is subject to additional taxes, hereinafter referred to as roll-back rollback taxes, in an amount equal to the difference, if any, between the taxes paid or payable on the basis of the valuation and the assessment authorized hereunder pursuant to this item and the taxes that would have been paid or payable had the real property been valued, assessed, and taxed as other real property in the taxing district, in the current tax year (the year of change in use) and each of the five tax years the last tax year immediately preceding in which the real property was valued, assessed, and taxed as herein provided in this item. If in the tax year in which a change in use of the real property occurs the real property was not valued, assessed, and taxed under this article, then the real property is subject to roll-back rollback taxes for each of the five the tax years year immediately preceding in which the real property was valued, assessed, and taxed hereunder pursuant to this item. In determining the amounts of the roll-back rollback taxes chargeable on real property which has undergone a change in use, the assessor shall for each of the roll-back rollback tax years year involved shall ascertain:

(A)    the fair market value of such real property under the valuation standard applicable to other real property in the same classification;

(B)    the amount of the real property assessment for the particular tax year by multiplying such fair market value by the appropriate assessment ratio provided in this article;

(C)    the amount of the additional assessment on the real property for the particular tax year by deducting the amount of the actual assessment on the real property for that year from the amount of the real property assessment determined under (B) of this section;

(D)    the amount of the rollback for that tax year by multiplying the amount of the additional assessment determined under (C) of this section by the property tax rate of the taxing district applicable for that tax year."

SECTION    2.    This act takes effect for agricultural real property changed to another use after 2011.

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