Current Status Bill Number:4634 Ratification Number:464 Act Number:338 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980217 Primary Sponsor:Sandifer All Sponsors:Sandifer, Quinn, R. Smith, Easterday, Cooper, Simrill, Townsend, Kennedy, Rice, Trotter, Woodrum, Barrett, Cotty, Webb, Martin, Law, Kelley, Koon, Dantzler, McMaster, Harrell, Sharpe, McKay, H. Brown, Robinson, Young, McGee, Cato, Harrison, Riser, Boan, Jennings, Vaughn, Young-Brickell, Keegan, Felder, Haskins, Kirsh, Leach, Meacham and Lanford Drafted Document Number:jic\5203htc.98 Date Bill Passed both Bodies:19980604 Governor's Action:S Date of Governor's Action:19980609 Subject:Property tax assessments, proration of between transferor and transferee on items titled by state, federal agency
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980617 Act No. A338 ------ 19980609 Signed by Governor ------ 19980604 Ratified R464 Senate 19980604 Read third time, enrolled for ratification Senate 19980603 Read second time Senate 19980603 Recalled from Committee 06 SF Senate 19980421 Introduced, read first time, 06 SF referred to Committee House 19980416 Read third time, sent to Senate House 19980415 Read second time House 19980408 Committee report: Favorable 30 HWM House 19980217 Introduced, read first time, 30 HWM referred to CommitteeView additional legislative information at the LPITS web site.
(A338, R464, H4634)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-735 SO AS TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES BETWEEN TRANSFEROR AND TRANSFEREE ON ITEMS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING MOTOR
VEHICLES OR UNITS OF MANUFACTURED HOUSING, AND TO PROVIDE FOR THE LIABILITY FOR PAYMENT OF THE PRORATED TAXES.
Be it enacted by the General Assembly of the State of South Carolina:
Proration of personal property taxes
SECTION 1. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:
Section 12-37-735. (A) When ownership of personal property required to be titled by a state or federal agency, not including motor vehicles taxed pursuant to Article 21 of this chapter or units of manufactured housing, is transferred, the transferor's property tax year for the property ends on the transfer date and a new property tax year begins for the transferee. When the actual transfer date is not the first day of the month, for purposes of this section, the transfer date is deemed to be the first day of the next month. The auditor shall prepare prorated tax bills for each partial tax year and the transferor and transferee are liable only for that tax attributable to their respective periods of ownership and the lien for payment of property taxes is enforceable only for the collection of the taxes due from the transferee.
(B) The provisions of this section apply only if the transferor files with the appropriate county auditor before the first penalty date for property taxes a form designed by the Department of Revenue, signed by the transferee in which the transferor assumes personal liability for his share of the taxes, and which provides that information necessary to prorate and bill the taxes. These prorated tax bills are due and payable as provided by law to the treasurer of the county where the tax would be due without regard to this section. The appropriate county auditor is the auditor of the county which is the situs of the property, or if the transferor is a resident individual, the auditor of the county of the transferor's domicile.
Time effective
SECTION 2. This act takes effect January 1, 1998, and applies with respect to transfers occurring after 1997.
Approved the 9th day of June, 1998.