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H. 4995
STATUS INFORMATION
General Bill
Sponsors: Reps. Stringer, Bingham, Harrell, Parker, Ballentine, Ryan, Bedingfield, G.R. Smith, Brady, Thayer, Patrick, Erickson, Nanney, Taylor, J.R. Smith, Allison, Bannister, Bowen, Hamilton, Henderson, Hixon, Horne, Limehouse, Loftis, Long, Owens, Tallon, Forrester, Pope, Simrill and Sottile
Document Path: l:\council\bills\nbd\12215dg12.docx
Companion/Similar bill(s): 4994, 4996, 4997
Introduced in the House on March 13, 2012
Introduced in the Senate on May 2, 2012
Last Amended on April 26, 2012
Currently residing in the Senate Committee on Finance
Summary: Sales tax exemptions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
3/13/2012 House Introduced and read first time (House Journal-page 10)
3/13/2012 House Referred to Committee on Ways and Means
(House Journal-page 10)
3/13/2012 House Member(s) request name added as sponsor: Forrester,
Pope, Simrill, Sottile
4/19/2012 House Committee report: Favorable with amendment Ways and
Means (House Journal-page 4)
4/24/2012 Scrivener's error corrected
4/25/2012 House Debate adjourned (House Journal-page 30)
4/26/2012 House Amended (House Journal-page 35)
4/26/2012 House Read second time (House Journal-page 35)
4/26/2012 House Roll call Yeas-63 Nays-39 (House Journal-page 55)
5/1/2012 Scrivener's error corrected
5/1/2012 House Read third time and sent to Senate
(House Journal-page 17)
5/2/2012 Senate Introduced and read first time (Senate Journal-page 12)
5/2/2012 Senate Referred to Committee on Finance (Senate Journal-page 12)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
3/13/2012
4/19/2012
4/24/2012
4/26/2012
5/1/2012
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 26, 2012
H. 4995
Introduced by Reps. Stringer, Bingham, Harrell, Parker, Ballentine, Ryan, Bedingfield, G.R. Smith, Brady, Thayer, Patrick, Erickson, Nanney, Taylor, J.R. Smith, Allison, Bannister, Bowen, Hamilton, Henderson, Hixon, Horne, Limehouse, Loftis, Long, Owens, Tallon, Forrester, Pope, Simrill and Sottile
S. Printed 4/26/12--H. [SEC 5/1/12 11:48 AM]
Read the first time March 13, 2012.
REVENUE IMPACT 1/
This amended bill is not expected to increase or decrease state general fund revenue in FY2012-13. The increase in revenue from the repeal of sales and use tax exemptions amounting to an estimated $12,877,500 in FY2012-13 would be offset by lowering the current state sales tax rate of six percent to 5.977604 percent in FY2012-13.
Explanation of Amendment (April 18, 2012) - By the House Ways & Means Committee
This amended bill would reinsert eighteen sales and use tax exemptions from Section 12-36-2120, Section 12-36-2610, and Section 12-36-2620(2). Items subject to a maximum sales tax cap limitation pursuant to Section 12-36-2110 are not affected by this bill. This bill has the intended effect of broadening the sales tax base by eliminating various sales and use tax exemptions, reducing the sales tax rate, while keeping the total amount of sales tax collected unchanged, or revenue neutral. This amended bill would repeal twenty-four sales and use tax items from Section 12-36-2120 and Section 12-36-2620 amounting to an increase in sales tax revenue by an estimated $12,877,500 in FY2012-13. Of this amount, general fund revenue would be increased by $8,585,000, the Education Improvement Act Fund would be increased by $2,146,250, and the Homestead Exemption Fund would be increased by $2,146,250 in FY2012-13.
This amended bill requires that the revenue generated pursuant to this Act to be used to reduce the overall sales tax rate set forth in Section 12-36-910 and Section 12-36-1110. Section 12-36-910 allows a sales tax equal to five percent of the gross proceeds of sales to be imposed upon every person or business of selling tangible personal property at retail. Section 12-36-1110 permits an additional sales, use, and casual excise tax equal to one percent to be imposed on certain items. This additional penny is commonly referred to as the "sixth penny", and is used to reimburse school districts for the local school operating portion of a homeowner's property tax bill exempted by Act 388 of 2006. These two sections permit a sales tax equal to six percent to be levied on the gross proceeds of tangible personal property offered for sales at retail, with several exceptions.
Based on the Board of Economic Advisors' general fund revenue estimate of February 15, 2012, the revenue expected to be collected from one penny of sales tax is an estimated $575,000,000 in FY2012-13. This bill would affect an estimated $12,877,500 of sales and use tax revenue in FY2012-13. The fraction of the repealed sales tax exemptions to the revenue generated from one penny of sales tax is an estimated 0.022396 in FY2012-13. To remain revenue neutral, therefore, the sales tax rate would need to be lowered from the current sales tax rate of six percent to 5.977604 percent in FY2012-13.
Explanation of Bill Filed March 13, 2012
This bill would delete specific sales and use tax exemptions from Section 12-36-2120, repeal Section 12-36-2130 and Section 12-36-2610, and amend Section 12-36-2620(2). These changes would affect an estimated $220,500,837 of sales and use tax revenue in FY2012-13. Items subject to a maximum sales tax cap limitation pursuant to Section 12-36-2110 are not affected by this bill. This bill has the intended effect of broadening the sales tax base by eliminating various sales and use tax exemptions, reducing the sales tax rate, while keeping the total amount of sales tax collected unchanged, or revenue neutral.
Section 1. This section would delete various sales tax exemptions contained in Section 12-36-2120 and use the revenue generated to reduce the overall sales tax rate set forth in Section 12-36-910 and Section 12-36-2610. This bill would repeal forty-two sales tax items from Section 12-36-2120 amounting to an increase in sales tax revenue by an estimated $191,124,951 in FY2012-13. Of this amount, general fund revenue would be increased by $127,416,633, the Education Improvement Act Fund would be increased by $31,854,159, and the Homestead Exemption Fund would be increased by $31,854,159 in FY2012-13. This section takes effect July 1, 2012.
Section 2. This section would amend Section 12-36-2620(2) that requires one percent of the sales and use tax to be credited to the South Carolina Education Improvement Act of 1984 Fund by deleting the exclusion granting a one percent (one penny per each dollar) sales tax exemption to an individual eighty-five years of age or older. The repeal of this section would increase sales tax revenue by an estimated $4,219,466 in FY2012-13. Of this amount, general fund revenue would be increased by $2,812,978, the Education Improvement Act Fund would be increased by $703,244, and the Homestead Exemption Fund would be increased by $703,244 in FY2012-13.
Section 3. This section would repeal Section 12-36-2130 and Section 12-36-2610. Section 12-36-2130 allows specific exemptions from the use tax. Section 12-36-2610 allows a discount for timely payment of sales and use tax. The discount for timely filing of taxes of less than $100 is three percent, and the discount for timely filing of taxes of more than $100 is two percent. These discounts for timely filing are subject to maximum limits. The repeal of these code sections would increase sales and use tax revenue by an estimated $25,156,420 in FY2012-13. Of this amount, general fund revenue would be increased by $16,770,946, the Education Improvement Act Fund would be increased by $4,192,737, and the Homestead Exemption Fund would be increased by $4,192,737 in FY2012-13.
Section 4. This section requires that the revenue generated pursuant to this Act to be used to reduce the overall sales tax rate set forth in Section 12-36-910 and Section 12-36-1110. Section 12-36-910 allows a sales tax equal to five percent of the gross proceeds of sales to be imposed upon every person or business of selling tangible personal property at retail. Section 12-36-1110 permits an additional sales, use, and casual excise tax equal to one percent to be imposed on certain items. This additional penny is commonly referred to as the "sixth penny", and is used to reimburse school districts for the local school operating portion of a homeowner's property tax bill exempted by Act 388 of 2006. These two sections permit a sales tax equal to six percent to be levied on the gross proceeds of tangible personal property offered for sales at retail, with several exceptions.
Based on the Board of Economic Advisors' general fund revenue estimate of February 15, 2012, the revenue expected to be collected from one penny of sales tax is an estimated $575,000,000 in FY2012-13. This bill would affect an estimated $220,500,837 of sales and use tax revenue in FY2012-13. The fraction of the repealed sales tax exemptions to the revenue generated from one penny of sales tax is an estimated 0.383480 in FY2012-13. To remain revenue neutral, therefore, the sales tax rate would need to be lowered from the current sales tax rate of six percent to 5.383480 percent in FY2012-13.
Section 5. This section repeals the language contained in Section 4, verbatim, and is construed to be a scrivener's error.
Section 6. This section reenacts the Joint Committee on Taxation as established by Act 334 of 2002, except for the provisions of Section 2-41-60, which contained specific reporting dates in 2006. This section requires the Joint Committee on Taxation to convene by September 1, 2012 to conduct a cost-benefit analysis on the sales tax exemptions contained in Section 12-36-2120. The committee shall submit a report detailing its findings to the Governor, the General Assembly, and be made available to the public. The committee shall review the sales tax exemptions as it deems necessary, but no later than five years after the initial review.
Section 7. Except as otherwise provided this act takes effect upon approval by the Governor.
Line Code Year Description FY2013 FY2013 Notes
Section Enacted of Exemption Exemption Subtotal
Estimate (Dollars)
(Dollars)
1 12-36-2110 Maximum Sales
Tax Caps
2 (A) 1984 Maximum tax on sale 169,119,572
or lease of motor
vehicles, motorcycles,
boats, airplanes, trailer
or semitrailer pulled by
a truck, horse trailers,
recreational vehicles,
and self-propelled light
construction equipment
3 (A)(1) Airplanes, including 1,215,000
unassembled aircraft
which is to be assembled
by the purchaser
4 (A)(2) Motor vehicles 148,700,000
5 (A)(3) Motorcycles 2,582,748
6 (A)(4) Boats 4,954,212
7 (A)(5) Trailer or semitrailers, 825,527
pulled by a truck tractor,
and horse trailers
8 (A)(6) Recreational vehicles, 7,912,005
including tent campers,
travel trailer, park model,
park trailer, motor home,
and fifth wheel
9 (A)(7) Self-propelled light 2,930,080
construction equipment
with compatible
attachments limited
to a maximum of 160
net engine horsepower
10 (B) Sale of manufactured 5,076,600
homes
11 (C) Sale of musical 96,396
instruments or office
equipment purchased by
religious organizations
12 (D) Repealed: Machines Repealed
used in research and
development (refer to
Section 12-36-2120(56))
13 (E) Equipment provided, 963,960
supplied, or installed
on a firefighting vehicle
14
15 12-36-2120 Exemptions From Sales Tax
16 (1) 1951 Tangible personal
property or reciepts
of business which the
State is prohibited from
taxing by the US or
SC Constitutions 0
17 (2) 1984 Tangible personal
property sold to the
federal government 244,552,800
18 (3) 1951 Textbooks, books,
magazines, periodicals,
newspapers, and on-line
access used in a course
of study in all schools
or for students' use in the
school library 15,553,974
19 (4) 1951 Sale of livestock used
primarily as beasts of
burden and livestock
that provide, food,
pelts, or fur 82,209,300
20 (5) 1951 Feed used for
production and
maintenance of poultry
and livestock 41,853,480
21 (6) 1951 Insecticides, chemicals,
fertilizers, soil
conditioners, seeds,
or seedlings, or nursery
stock, used in production
of farm, dairy, grove,
vineyard, or garden
products, or in the
cultivation of poultry
or livestock feed 20,576,340
22 (7) 1951 Containers and labels
used in preparing
agriculture, dairy,
grove, or garden
products, turpentine
gum, gum spirits of
turpentine, and gum
resin for sale 612,000
23 (8) 1951 Newsprint paper,
newspapers, religious
publications, including
the Holy Bible, and the
SC Department of
Agriculture's "The
Market Bulletin" 13,101,656
24 Newsprint paper 3,680,363
25 Newspaper sales 9,140,727
26 The Holy Bible *
27 The Market Bulletin 10,566
28 (9) 1951 Coal, or coke, or
other fuel sold to
manufacturers,
electric power
companies, and
transportation
companies 127,485,792
29 Electric Utility 87,867,531
30 Other Industry
(Manufacturers) 26,896,265
31 Transportation 12,721,996
32 (10) 1951 Meals or foodstuffs
used in furnishing
meals to school children,
and meals provided to
the elderly, disabled,
homeless, needy, or
disabled adults 7,804,174
33 (11) 1986 Toll charges for the
transmission of voice
or messages between
telephone exchanges
and transactions 57,814,950
34 (A) Toll charges for the
transmission of voice
messages between
telephone exchanges
(long distance) 38,881,200
35 (B) Charges for telegraph
messages negligible
36 (C) Carrier and customer
access charges
established by the FCC
or the SC Public Service
Commission 17,013,750
37 (D) Automatic teller
machine transactions 1,920,000
38 (12) 1951 Water sold by public
utilities, if rates and
charges are the kind
determined by the
Public Service
Commission or
water sold by
nonprofit corporations
organized under
Chapter 36 of
Title 33 19,629,637
39 (13) 1951 Fuel, lubricants, and
supplies for use or
consumption aboard
ships in intercoastal
trade or foreign
commerce. (Commonly
referred to as vessel
bunkering) 14,572,404
40 (14) 1951 Wrapping paper,
wrapping twine, paper
bags, and containers
used in the sale and
delivery of tangible
personal property 27,671,968
41 (15) 1988 Motor fuel, blended
fuel, and alternative
fuel subject to tax under
Chapter 28 Title 12 721,793,461
42 (A) On-Highway 698,848,578
43 (A) Off-Highway 22,944,883
44 (C) Farm machinery
and tractors 1,619,442
45 (D) Commercial fishing
vessels 14,115,865
46 Construction 6,984,450
47 Military 225,126
48 (16) 1951 Farm machinery and
replacement parts and
attachments used in
planting, cultivating or
harvesting farm crops,
the preservation of milk
on dairy farms, and
machines used in poultry
production on poultry
farms, when sold in the
original state of
production or
preparation for sale 8,351,000
49 (17) 1951 Machines used in
manufacturing,
processing, recycling,
compounding, mining,
or quarrying tangible
personal property
for sale 69,889,455
50 (18) 1951 Fuel used exclusively
to cure agriculture
products 934,110
51 (19) 1951 Electricity used by
cotton gins,
manufacturers,
miners, or quarriers
to manufacture, mine,
or quarry tangible
personal property
for sale 97,031,815
52 (20) 1951 Railroad cars,
locomotives, and
their parts, monorail
cars, and the engines
or motors that propel
them, and their parts 352,710
53 (21) 1951 Vessels and barges
of more than 50 tons
burden 169,546
54 (22) 1990 Missile assembly
materials used by the
Armed Forces
of the US Classified
55 (23) 1951 Farm, grove, vineyard,
and garden products,
sold in the original state
of production or
preparation for sale,
when sold by the
producer or members
of the producers
immediately family 693,042
56 (24) 1986 Supplies and
machinery used by
laundries, cleaning,
dyeing, pressing, or
garment rental
establishments
(excludes coin-
operated laundromats) 1,932,492
57 (25) 1985 Motor vehicles
(excluding trucks) or
motorcycles sold to
out-of-state residents
of the US Armed Forces
when by reason of
orders is located in SC 800,000
58 (26) 1993 Supplies, technical
equipment, machinery,
and electricity sold to
radio and television
stations, and cable
television systems,
for use in producing,
broadcasting, or
distributing programs 10,568,784
59 (27) 1990 Plants and animal
sales to public zoos
or gardens or its
nonprofit support
corporations 4,290
60 (28) 1976 Medicine and
prosthetic devices
sold by prescription,
radiopharmaceuticals
used in treatment of
cancer and other related
diseases, free samples
donated by manufacturer,
and medicines used to
prevent respiratory
syncytial virus 448,752,036
61 (A) Medicine and
prosthetic devices 435,842,016
62 (B) Diabetic supplies,
including hypodermic
needles, insulin, and
blood sugar test strips 9,996,000
63 (C) Disposable medical
supplies used in the
treatment of patient
outside of a hospital,
skilled nursing facility,
or ambulatory surgical
treatment center 260,400
64 (D) Medicine donated
donated by its
manufacturer to SC
medical schools for
research, or for treatment
of indigent patients 90,420
65 (E) Dental prosthetics 2,563,200
66 (29) 1996 Sale of tangible
personal property by
persons under written
contract with the federal
government where the
property is later transferred
to the federal government 0
67 (30) 1978 Supplies, commodities,
and services resold by
the Division of General
Services of State Budget
and Control Board to
departments and state
agencies, if the tax was
paid on the divisions
original purchase 0
68 (31) 1979 Vacation time sharing
plans, vacation multiple
ownership interests,
and exchanges of
interests in vacation
time sharing plans and
vacation multiple
ownership interests
as provided by
Chapter 32 of Title 27,
and any other exchange
of accommodations in
which the
accommodations to
be exchanged are the
primary consideration 3,306,240
69 (32) 1979 Natural and liquefied
petroleum gas and
electricity used
exclusively in the
production of poultry,
livestock, swine,
and milk 1,300,000
70 (33) 1979 Electricity or any
combustible heating
material or substance
used for residential
purposes 276,725,575
71 Electricity 208,305,660
72 Natural Gas 35,985,035
73 Kerosene 11,128,400
74 Fuel Oil 12,526,530
75 Coal 22,230
76 LP Gas 8,757,720
77 (34) 1980 Modular homes,
both on-frame and
off-frame, 50% of
gross proceeds of
the sale 762,450
78 (35) 1983 Motion picture film
sold or rented to or
by theaters 2,825,765
79 (36) 1983 Tangible personal
property sold out
of state 0
80 (37) 1983 Petroleum asphalt
products, used in
paving, purchased in
this state, which are
transported and
consumed out of
state 614,000
81 (38) 1985 Hearing aids 2,897,063
82 (39) 1986 Concession sales
at a festival by an
organization devoted
exclusively to public
or charitable purposes 475,000
83 (40) 1988 Containers and chassis,
including parts,
components, and
attachments, sold to
international shipping
lines in contract with the
SC State Ports Authority
and used for the import
and export of goods to
and from South
Carolina 550,000
84 (41) 1989 Organizations exempt
under 12-37-220(A),
(3-4), and B(5-8), (12),
(16), (19), (22), and (24),
if the net proceeds are
used exclusively for
exempt purposes and no
benefit inures to any
individual 6,725,000
85 (42) 1989 Depreciable assets,
used in the operation
of a business, pursuant
to the sale of the business,
when the entire business
is sold by the owner and
the purchaseer continues
operation of the
business 125,000
86 (43) 1991 All supplies, technical
equipment, machinery,
and electricity sold to
motion picture
companies for use in
filming or producing
a motion picture 359,146
87 (44) 1991 Electricity used to
irrigate crops 296,040
88 (45) 1991 Building materials,
supplies, fixtures,
and equipment for
the construction, repair
or improvement of
commercial housing
of poultry or livestock 417,555
89 (46) 1991 War memorials or
monuments, including
US military vessels,
affixed to public
property 50,000
90 (47) 1994 Tangible personal
property sold to
charitable hospitals
serving children where
care is provided without
charge 50,000
91 (48) 1994 Solid waste disposal
collection bags when
the county or political
subdivision requires
the purchase of a
specific bag for solid
waste disposal 38,979
92 (49) 1994 Postage paid by a
person engaged in the
business of selling
advertising services
for clients 825,000
93 (50) 1995 Recycling property,
including fuels and
gasses of any type,
fluids, and lubricants
used by a qualified
recycling facility 2,827,022
94 (51) 1996 Material handling
systems and
equipment used in
distribution or
manufacturing
facilities 1,400,000
95 (52) 1996 Parts and supplies
used by business for
repairing aircraft
owned or leased to
the federal government
or commercial air
carriers 561,567
96 (53) 1996 Motor vehicle extended
service contracts
and warranties 3,194,280
97 (54) 1999 Clothing and attire
for working in a Class
100 or better clean
room environment 40,000
98 (55) 2000 Audiovisual masters
made or used by a
production company
for first generation
reproduction 60,000
99 (56) 2000 Machines used in
research and
development 5,475,600
100 (57) 2000 Sales tax holiday
in August
(beginning the first
Friday in August at
12:01 AM and ending
at 12:00 midnight the
following Sunday) 2,250,000
101 (58) 2000 Cooperative direct
mail promotional
advertising materials,
and promotional maps,
brochures, pamphlets, or
discount coupons by
nonprofit chambers of
commerce or convention
and visitor bureaus,
delivered to residents of
SC at no charge from
locations inside or outside
the State 886,400
102 (59) 2001 Facilities for
transmitting electricity
that is transferred, sold,
or exchanged to a limited
liability company
controlling electric
transmission assets 0
103 (60) 2001 Lottery ticket sales 38,552,130
104 (61) 2002 Copies of or access
to legislation or other
informational documents
provided to the general
public or any other person
by a legislative agency
when a charge for these
copies is made reflecting
the agency's cost of
the copies 7,500
105 (62) 2003 Seventy percent of
portable toilet gross
rental sales or leases 487,220
106 (63) 2005 Prescription and over-
the-counter medicines
and supplies sold to
charitable clinics 229,700
107 (64) 2005 Sweet grass baskets
made by SC artists 374,400
108 (65) 2006 Computer equipment
used in a technology
intensive facility 0
109 (66) 2006 Electricity used by a
technology intensive
facility 0
110 (67) 2006 Sales tax on
construction materials
of a new or expanded
single manufacturing or
distribution facility with
a capital investment of at
least $100 million in
real and personal
property at a single site 14,160,000
111 (68) 2006 Any property sold to
the public through a
sheriff's sale as provided
by law 58,116
112 (69) 2006 The sale or renewal of
a warranty, maintenance,
or similar service
contract if the sale of
the personal property
covered by the contract
is exempt or excluded
from sales tax Reserved
113 (70) 2007 Gold, silver, or
platinum bullion;
legal tender coins
and currency 82,860
114 (71) 2007 Any device, equipment,
or machinery operated
by hydrogen or fuel
cells, or any device,
equipment,or
machinery used to
generate, produce,
or distribute hydrogen 0
115 (72) 2007 Building materials
used to construct a
new or renovated
building or any
machinery or
equipment located
in a research district 1,200,000
116 (73) 2007 Amusement park rides
and any parts, machinery,
and equipment used to
assemble and operate a
ride or performance
venue facility 2,070,000
117 (74) 2007 Durable medical
equipment which is
paid by state or federal
Medicaid funds 2,523,045
118 (75) 2007 Unprepared food that
may be purchased with
United States Department
of Agriculture food
coupons 435,200,249
119 (76) 2008 Sales tax holiday
on firearms (beginning
the Friday after
Thanksgiving at
12:01 AM and ending
at 12:00 midnight the
following Saturday) **
120 (77) 2008 Sales tax holiday on
noncommercial home
and personal energy
efficient products
meeting or exceeding
the requirements of the
ENERGY STAR program
with a sales price of
$2,500 or less **
121 (78) 2010 Machinery and
equipment, building
and other raw materials,
and electricity used by a
nonprofit facility used
for researching and
testing the impact of
natural disasters on
building materials used
in residential, commercial,
and agricultural
buildings 240,000 **
122
123 12-36-2130
124 (1) Use Tax ExemptionIncluded with Sales Tax
125 (2) Purchases made by
museums and
exhibition rentals
purchased or leased
for sources outside
of the State 36,000
126
127 12-36-2610 Discount for timely filed
payment of tax, maximum
discount of $10,000 for
voluntarily registered
out-of-state retailers
and $3,000 for all
other retailers
($3,100 for retailers
filing by EFT) 25,120,420
128
129 12-36-2620
130 (2) 1% sales tax exemption
for those 85 years and
older 4,219,466
131
132 Provisos
133 89.44 Tangible personal property
purchased for use in
private primary and
secondary schools,
including kindergartens
and early childhood
education programs
134 89.67 2005 Respiratory syncytial
virus medicines 2,358,175
135 89.72 2006 Viscosupplementation
therapies sales
(For FY2011-12,
the provision is
suspended) 440,001
136
137 Total Sales and
Use Tax Exemptions 3,052,364,706
Notes: = Items amended in H.B.4995
* = Exemption ruled unconstitutional.
** = Act 338 of 2008 creating the exemptions was declared unconstitutional by the S.C. Supreme Court in South Carolina v. The American Petroleum Institution & BP Products North America, Inc., May 4, 2009. Statutory exemption is not effective.
Sources: South Carolina Department of Revenue; South Carolina Budget and Control Board, Office of Economic Research; Legislative Printing and Information Technology Resources.
South Carolina Board of Economic Advisors
Approved By:
Frank A. Rainwater
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.
TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE VARIOUS EXEMPTIONS; TO AMEND SECTION 12-36-2620, RELATING TO THE COMPONENTS OF THE SALES TAX, SO AS TO DELETE THE ONE PERCENT EXEMPTION TO INDIVIDUALS OVER EIGHTY-FIVE YEARS OF AGE; TO REPEAL SECTIONS 12-36-2130 AND 12-36-2610 RELATING TO THE STATE SALES TAX; TO PROVIDE THAT THE ADDITIONAL REVENUE GENERATED BY THIS ACT MUST BE USED TO REDUCE THE OVERALL SALES TAX RATE; AND TO RE-ENACT THE JOINT COMMITTEE ON TAXATION AND REQUIRE THE COMMITTEE TO REVIEW THE PROVISIONS OF SECTION 12-36-2120.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. A. Section 12-36-2120 of the 1976 Code, as last amended by Act 32 of 2011, is further amended to read:
"Section 12-36-2120. Exempted from the taxes imposed by this chapter are the gross proceeds of sales, or sales price of:
(1) tangible personal property or receipts of any business which the State is prohibited from taxing by the Constitution or laws of the United States of America or by the Constitution or laws of this State;
(2) tangible personal property sold to the federal government;
(3)(a) textbooks, books, magazines, periodicals, newspapers, and access to on-line information systems used in a course of study in primary and secondary schools and institutions of higher learning or for students' use in the school library of these schools and institutions;
(b) books, magazines, periodicals, newspapers, and access to on-line information systems sold to publicly supported state, county, or regional libraries;
Items in this category may be in any form, including microfilm, microfiche, and CD ROM; however, transactions subject to tax under Sections 12-36-910(B)(3) and 12-36-1310(B)(3) do not fall within this exemption;
(4) livestock. 'Livestock' is defined as domesticated animals customarily raised on South Carolina farms for use primarily as beasts of burden, or food, and certain mammals when raised for their pelts or fur. Animals such as dogs, cats, reptiles, fowls (except baby chicks and poults), and animals of a wild nature, are not considered livestock;
(5) feed used for the production and maintenance of poultry and livestock;
(6) insecticides, chemicals, fertilizers, soil conditioners, seeds, or seedlings, or nursery stock, used solely in the production for sale of farm, dairy, grove, vineyard, or garden products or in the cultivation of poultry or livestock feed;
(7) containers and labels used in:
(a) preparing agricultural, dairy, grove, or garden products for sale; or
(b) preparing turpentine gum, gum spirits of turpentine, and gum resin for sale.
For purposes of this exemption, containers mean boxes, crates, bags, bagging, ties, barrels, and other containers;
(8) newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agriculture's The Market Bulletin;
(9) coal, or coke or other fuel sold to manufacturers, electric power companies, and transportation companies for:
(a) use or consumption in the production of by-products;
(b) the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacturing' includes the activities of a processor;
(c) the generation of electric power or energy for use in manufacturing tangible personal property for sale;
(d) the generation of motive power for transportation. For the purposes of this exemption, 'manufacturer' or 'manufacturing' includes the activities of mining and quarrying;
(e) the generation of motive power for test flights of aircraft by the manufacturer of the aircraft where:
(i) the taxpayer invests at least seven hundred fifty million dollars in real or personal property or both comprising or located at a single manufacturing facility over a seven-year period; and
(ii) the taxpayer creates at least three thousand eight hundred full-time new jobs at the single manufacturing facility during that seven-year period; or
(f) the transportation of an aircraft prior to its completion from one facility of the manufacturer of the aircraft to another facility of the manufacturer of the aircraft, not including the transportation of major component parts for construction or assembly, or the transportation of personnel. This exemption only applies when:
(i) the taxpayer invests at least seven hundred fifty million dollars in real or personal property or both comprising or located at a single manufacturing facility over a seven-year period; and
(ii) the taxpayer creates at least three thousand eight hundred full-time new jobs at the single manufacturing facility during that seven-year period.
To qualify for the exemptions provided for in subitems (e) and (f), the taxpayer shall notify the department before the first month it uses the exemption and shall make the required investment and create the required number of full-time new jobs over the seven-year period beginning on the date provided by the taxpayer to the department in its notices. The taxpayer shall notify the department in writing that it has met the seven hundred fifty million dollar investment requirement and has created the three thousand eight hundred full-time new jobs or, after the expiration of the seven-year period, that it has not met the seven hundred fifty million dollar investment requirement and created the three thousand eight hundred full-time new jobs. The department may assess any tax due on fuel purchased tax free pursuant to subitems (e) and (f) but due the State as a result of the taxpayer's failure to meet the seven hundred fifty million dollar investment requirement and create the three thousand eight hundred full-time new jobs. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for the time period beginning with notice to the department before the taxpayer uses the exemption and ending with notice to the department that the taxpayer either has met or has not met the seven hundred fifty million dollar investment requirement and created the three thousand eight hundred full-time new jobs.
As used in subitems (e) and (f), 'taxpayer' includes a person who bears a relationship to the taxpayer as described in Section 267(b) of the Internal Revenue Code.
(10)(a) meals or foodstuffs used in furnishing meals to school children, if the sales or use are within school buildings and are not for profit;
(b) meals or foodstuffs provided to elderly or disabled persons at home by nonprofit organizations that receive only charitable contributions in addition to sale proceeds from the meals;
(c) food stuffs, either prepared or packaged for the homeless or needy that are sold to nonprofit organizations, or food stuffs that are subsequently sold or donated by a nonprofit organization to another nonprofit organization. This subitem is only applicable to food stuffs which are eligible for purchase under the USDA food stamp program;
(d) meals or foodstuffs prepared or packaged that are sold to public or nonprofit organizations for congregate or in-home service to the homeless or needy or disabled adults over eighteen years of age or individuals over sixty years of age. This subitem only applies to meals and foodstuffs eligible for purchase under the USDA food stamp program.
(11)(a) toll charges for the transmission of voice or messages between telephone exchanges;
(b) charges for telegraph messages;
(c) carrier access charges and customer access line charges established by the Federal Communications department or the South Carolina Public Service department; and
(d) transactions involving automatic teller machines;
(12) water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Chapter 36 of, Title 33;
(13) fuel, lubricants, and supplies for use or consumption aboard ships in intercoastal trade or foreign commerce. This exemption does not exempt or exclude from the tax the sale of materials and supplies used in fulfilling a contract for the painting, repair, or reconditioning of ships and other watercraft;
(14) wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;
(15)(a) motor fuel, blended fuel, and alternative fuel subject to tax under Chapter 28 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;
(b) if the fuel tax is subsequently refunded under Section 12-28-710, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;
(c) fuels used in farm machinery and farm tractors; and
(d) fuels used in commercial fishing vessels.
(16) farm machinery and their replacement parts and attachments, used in planting, cultivating or harvesting farm crops, including bulk coolers (farm dairy tanks) used in the production and preservation of milk on dairy farms, and machines used in the production of poultry and poultry products on poultry farms, when such products are sold in the original state of production or preparation for sale. This exemption does not include automobiles or trucks;
(17) machines used in manufacturing, processing, recycling, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which (a) are necessary to the operation of the machines and are customarily so used, or (b) are necessary to comply with the order of an agency of the United States or of this State for the prevention or abatement of pollution of air, water, or noise that is caused or threatened by any machine used as provided in this section. This exemption does not include automobiles or trucks. As used in this item 'recycling' means a process by which materials that otherwise would become solid waste are collected, separated, or processed and reused, or returned to use in the form of raw materials or products, including composting, for sale. In applying this exemption to machines used in recycling, the following percentage of the gross proceeds of sale, or sales price of, machines used in recycling are exempt from the taxes imposed by this chapter:
Fiscal Year of Sale Percentage
Fiscal year 1997-98 fifty percent
After June 30, 1998 one hundred percent;
(18) fuel used exclusively to cure agricultural products;
(19) electricity used by cotton gins, manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale. For purposes of this item, 'manufacture' or 'manufacturer' includes the activities of processors;
(20) railroad cars, locomotives, and their parts, monorail cars, and the engines or motors that propel them, and their parts; Reserved
(21) vessels and barges of more than fifty tons burden; Reserved
(22) materials necessary to assemble missiles to be used by the Armed Forces of the United States;
(23) farm, grove, vineyard, and garden products, if sold in the original state of production or preparation for sale, when sold by the producer or by members of the producer's immediate family;
(24) supplies and machinery used by laundries, cleaning, dyeing, pressing, or garment or other textile rental establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;
(25) motor vehicles (excluding trucks) or motorcycles, which are required to be licensed to be used on the highways, sold to a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces. This exemption is allowed only if within ten days of the sale the vendor is furnished a statement from a commissioned officer of the Armed Forces of a higher rank than the purchaser certifying that the buyer is a member of the Armed Forces on active duty and a resident of another state or if the buyer furnishes a leave and earnings statement from the appropriate department of the armed services which designates the state of residence of the buyer; Reserved
(26) all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;
(27) all plants and animals sold to any publicly supported zoological park or garden or to any of its nonprofit support corporations; Reserved
(28)(a) medicine and prosthetic devices sold by prescription, prescription medicines used to prevent respiratory syncytial virus, prescription medicines and therapeutic radiopharmaceuticals used in the treatment of rheumatoid arthritis, cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, free samples of prescription medicine distributed by its manufacturer and any use of these free samples;
(b) hypodermic needles, insulin, alcohol swabs, blood sugar testing strips, monolet lancets, dextrometer supplies, blood glucose meters, and other similar diabetic supplies sold to diabetics under the authorization and direction of a physician;
(c) disposable medical supplies such as bags, tubing, needles, and syringes, which are dispensed by a licensed pharmacist in accordance with an individual prescription written for the use of a human being by a licensed health care provider, which are used for the intravenous administration of a prescription drug or medicine, and which come into direct contact with the prescription drug or medicine. This exemption applies only to supplies used in the treatment of a patient outside of a hospital, skilled nursing facility, or ambulatory surgical treatment center;
(d) medicine donated by its manufacturer to a public institution of higher education for research or for the treatment of indigent patients; and
(e) dental prosthetic devices;
(f) prescription drugs dispensed to Medicare Part A patients residing in a nursing home are not considered sales to the nursing home and are not subject to the sales tax;
(g) respiratory syncytial virus medicines; and
(h) visosupplementaion therapies sales.
(29) tangible personal property purchased by persons under a written contract with the federal government when the contract necessitating the purchase provides that title and possession of the property is to transfer from the contractor to the federal government at the time of purchase or after the time of purchase. This exemption also applies to purchases of tangible personal property which becomes part of real or personal property owned by the federal government or, as provided in the written contract, is to transfer to the federal government. This exemption does not apply to purchases of tangible personal property used or consumed by the purchaser;
(30) office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase; Reserved
(31) vacation time sharing plans, vacation multiple ownership interests, and exchanges of interests in vacation time sharing plans and vacation multiple ownership interests as provided by Chapter 32 of, Title 27, and any other exchange of accommodations in which the accommodations to be exchanged are the primary consideration;
(32) natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;
(33) electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene or LP gas of twenty gallons or less by retailers are considered used for residential heating purposes;
(34) fifty percent of the gross proceeds of the sale of a modular home regulated pursuant to Chapter 43 of Title 23, both on-frame and off-frame. For purposes of this item only, 'gross proceeds of sale' equals the manufacturer's net invoice price of the modular home sold, including all accessories built in to the modular home at the time of delivery to the purchaser and not including freight or deposit on returnable materials. The manufacturer shall collect the tax and remit it to the Department of Revenue;
(35) motion picture film sold or rented to or by theaters;
(36) tangible personal property where the seller, by contract of sale, is obligated to deliver to the buyer, or to an agent or donee of the buyer, at a point outside this State or to deliver it to a carrier or to the mails for transportation to the buyer, or to an agent or donee of the buyer, at a point outside this State;
(37) petroleum asphalt products, commonly used in paving, purchased in this State, which are transported and consumed out of this State; Reserved
(38) hearing aids, as defined by Section 40-25-20(5);
(39) concession sales at a festival by an organization devoted exclusively to public or charitable purposes, if:
(a) all the net proceeds are used for those purposes;
(b) in advance of the festival, its organizers provide the department, on a form it prescribes, information necessary to ensure compliance with this item.
For purposes of this item, a 'festival' does not include a recognized state or county fair;
(40) containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State;
(41) items sold by organizations exempt under Section 12-37-220A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter;
(42) depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business; Reserved
(43) all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, 'motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a 'motion picture company' means a company generally engaged in the business of filming or producing motion pictures;
(44) electricity used to irrigate crops;
(45) building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock.
(46) War memorials or monuments honoring units or contingents of the Armed Forces of the United States or of the National Guard, including United States military vessels, which memorials or monuments are affixed to public property;
(47) tangible personal property sold to charitable hospitals predominantly serving children exempt under Section 12-37-220, where care is provided without charge to the patient.
(48) solid waste disposal collection bags required pursuant to the solid waste disposal plan of a county or other political subdivision if the plan requires the purchase of a specifically designated containment bag for solid waste disposal; Reserved
(49) postage purchased by a person engaged in the business of selling advertising services for clients consisting of mailing, or directing the mailing of, printed advertising material through the United States mail directly to the client's customers or potential customers or by a person to mail or direct the mailing of printed advertising material through the United States mail to a potential customer; Reserved
(50)(a) recycling property;
(b) electricity, natural gas, propane, or fuels of any type, oxygen, hydrogen, nitrogen, or gasses of any type, and fluids and lubricants used by a qualified recycling facility;
(c) tangible personal property which becomes, or will become, an ingredient or component part of products manufactured for sale by a qualified recycling facility;
(d) tangible personal property of or for a qualified recycling facility which is or will be used (1) for the handling or transfer of postconsumer waste material, (2) in or for the manufacturing process, or (3) in or for the handling or transfer of manufactured products;
(e) machinery and equipment foundations used or to be used by a qualified recycling facility;
(f) as used in this item, 'recycling property', 'qualified recycling facility', and 'postconsumer waste material' have the meanings provided in Section 12-6-3460;
(51) material handling systems and material handling equipment used in the operation of a distribution facility or a manufacturing facility including, but not limited to, racks used in the operation of a distribution facility or a manufacturing facility and either used or not used to support a facility structure or part of it. To qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall invest at least thirty-five million dollars in real or personal property in this State over the five-year period beginning on the date provided by the taxpayer to the department in its notices. The taxpayer shall notify the department in writing that it has met the thirty-five million dollar investment requirement or, after the expiration of the five years, that it has not met the thirty-five million dollar investment requirement. The department may assess any tax due on material handling systems and material handling equipment purchased tax-free pursuant to this item but due the State as a result of the taxpayer's failure to meet the thirty-five million dollar investment requirement. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for the time period beginning with notice to the department before the taxpayer uses the exemption and ending with notice to the department that the taxpayer either has met or has not met the thirty-five million dollar investment requirement.
(52) Parts and supplies used by persons engaged in the business of repairing or reconditioning aircraft owned by or leased to the federal government or commercial air carriers. This exemption does not extend to tools and other equipment not attached to or that do not become a part of the aircraft. Reserved
(53) motor vehicle extended service contracts and motor vehicle extended warranty contracts. Reserved
(54) clothing and other attire required for working in a Class 100 or better as defined in Federal Standard 209E clean room environment. Reserved
(55) audiovisual masters made or used by a production company in making visual and audio images for first generation reproduction. For purposes of this item:
(a) 'Audiovisual master' means an audio or video film, tape, or disk, or another audio or video storage device from which all other copies are made.
(b) 'Production company' means a person or entity engaged in the business of making motion picture, television, or radio images for theatrical, commercial, advertising, or education purposes. Reserved
(56) Machines used in research and development. 'Machines' includes machines and parts of machines, attachments, and replacements which are used or manufactured for use on or in the operation of the machines, which are necessary to the operation of the machines, and which are customarily used in that way. 'Machines used in research and development' means machines used directly and primarily in research and development, in the experimental or laboratory sense, of new products, new uses for existing products, or improvement of existing products.
(57)(a) sales taking place during a period beginning 12:01 a.m. on the first Friday in August and ending at twelve midnight the following Sunday of:
(i) clothing;
(ii) clothing accessories including, but not limited to, hats, scarves, hosiery, and handbags;
(iii) footwear;
(iv) school supplies including, but not limited to, pens, pencils, paper, binders, notebooks, books, bookbags, lunchboxes, and calculators;
(v) computers, printers and printer supplies, and computer software;
(vi) bath wash clothes, blankets, bed spreads, bed linens, sheet sets, comforter sets, bath towels, shower curtains, bath rugs and mats, pillows, and pillow cases.
(b) The exemption allowed by this item does not apply to:
(i) sales of jewelry, cosmetics, eyewear, wallets, watches;
(ii) sales of furniture;
(iii) a sale of an item placed on layaway or similar deferred payment and delivery plan however described;
(iv) rental of clothing or footwear;
(v) a sale or lease of an item for use in a trade or business.
(c) Before July tenth of each year, the department shall publish and make available to the public and retailers a list of those articles qualifying for the exemption allowed by this item.
(58) cooperative direct mail promotional advertising materials and promotional maps, brochures, pamphlets, or discount coupons by nonprofit chambers of commerce or convention and visitor bureaus who are exempt from income taxation pursuant to Internal Revenue Code Section 501(c) delivered at no charge by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, 'cooperative direct mail promotional advertising materials' means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material. Reserved
(59) facilities for transmitting electricity that is transferred, sold, or exchanged by electrical utilities, municipalities, electric cooperatives, or political subdivisions to a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791(a)) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act;
(60) a lottery ticket sold pursuant to Chapter 150 of Title 59;
(61) copies of or access to legislation or other informational documents provided to the general public or any other person by a legislative agency when a charge for these copies is made reflecting the agency's cost of the copies. Funds received as revenue from the sale of materials or as reimbursements for the cost of providing certain supplies or services or refunds must be remitted to the State Treasurer as collected, but in no event later than twelve working days from the date of the receipt of any such funds. Reserved
(62) seventy percent of the gross proceeds of the rental or lease of portable toilets. Reserved
(63) prescription and over-the-counter medicines and medical supplies, including diabetic supplies, diabetic diagnostic equipment, and diabetic testing equipment, sold to a health care clinic that provides medical and dental care without charge to all of its patients.
(64) Sweetgrass baskets made by artists of South Carolina using locally grown sweetgrass.
(65)(a) computer equipment, as defined in subitem (c) of this item, used in connection with a technology intensive facility as defined in Section 12-6-3360(M)(14)(b), where:
(i) the taxpayer invests at least three hundred million dollars in real or personal property or both comprising or located at the facility over a five-year period;
(ii) the taxpayer creates at least one hundred new full-time jobs at the facility during that five-year period, and the average cash compensation of at least one hundred of the new full-time jobs is one hundred fifty percent of the per capita income of the State according to the most recently published data available at the time the facility's construction starts; and
(iii) at least sixty percent of the three hundred million dollars minimum investment consists of computer equipment;
(b) computer equipment, as defined in subitem (c) of this item, used in connection with a manufacturing facility, where:
(i) the taxpayer invests at least seven hundred fifty million dollars in real or personal property or both comprising or located at the facility over a seven-year period; and
(ii) the taxpayer creates at least three thousand eight hundred full-time new jobs at the facility during that seven-year period.
As used in this subitem, 'taxpayer' includes a person who bears a relationship to the taxpayer as described in Section 267(b) of the Internal Revenue Code.
(c) For the purposes of this item, 'computer equipment' means original or replacement servers, routers, switches, power units, network devices, hard drives, processors, memory modules, motherboards, racks, other computer hardware and components, cabling, cooling apparatus, and related or ancillary equipment, machinery, and components, the primary purpose of which is to store, retrieve, aggregate, search, organize, process, analyze, or transfer data or any combination of these, or to support related computer engineering or computer science research.
(d) These exemptions apply from the start of the investment in or construction of the technology intensive facility or the manufacturing facility. The taxpayer shall notify the Department of Revenue of its use of the exemption provided in this item on or before the first sales tax return filed with the department after the first such use. Upon receipt of the notification, the department shall issue an appropriate exemption certificate to the taxpayer to be used for qualifying purposes under this item. Within six months after the fifth anniversary of the taxpayer's first use of this exemption, the taxpayer shall notify the department in writing that it has or has not met the investment and job requirements of this item by the end of that five-year period. Once the department certifies that the taxpayer has met the investment and job requirements, all subsequent purchases of or investments in computer equipment, including to replace originally deployed computer equipment or to implement future expansions, likewise shall qualify for the exemption described above, regardless of when the taxpayer makes the investments.
(e) The department may assess any tax due on property purchased tax free pursuant to this item but due the State if the taxpayer subsequently fails timely to meet the investment and job requirements of this item after being granted the exemption; for purposes of determining whether the taxpayer has timely satisfied the investment requirement, replacement computer equipment counts toward the investment requirement to the extent that the value of the replacement computer equipment exceeds the cost of the computer equipment so replaced, but, provided the taxpayer otherwise qualifies for the exemption, the full value of the replacement computer equipment is exempt from sales and use tax. The running of the periods of limitation within which the department may assess taxes provided pursuant to Section 12-54-85 is suspended during the time period beginning with the taxpayer's first use of this exemption and ending with the later of the fifth anniversary of first use or notice to the department that the taxpayer either has met or has not met the investment and job requirements of this item;
(66) electricity used by a technology intensive facility as defined in Section 12-6-3360(M)(14)(b) and qualifying for the sales tax exemption provided pursuant to item (65) of this section, and the equipment and raw materials including, without limitation, fuel used by such qualifying facility to generate, transform, transmit, distribute, or manage electricity for use in such a facility. The running of the periods of limitation within which the department may assess taxes pursuant to Section 12-54-85 is suspended during the same time period it is suspended in item (65)(d) of this section.
(67) effective July 1, 2011, construction materials used in the construction of a new or expanded single manufacturing or distribution facility, or one that serves both purposes, with a capital investment of at least one hundred million dollars in real and personal property at a single site in the State over an eighteen-month period, or effective November 1, 2009, construction materials used in the construction of a new or expanded single manufacturing facility where:
(i) the taxpayer invests at least seven hundred fifty million dollars in real or personal property or both comprising or located at the facility over a seven-year period; and
(ii) the taxpayer creates at least three thousand eight hundred full-time new jobs at the facility during that seven-year period.
To qualify for this exemption, the taxpayer shall notify the department before the first month it uses the exemption and shall make the required investment over the applicable time period beginning on the date provided by the taxpayer to the department in its notices. The taxpayer shall notify the department in writing that it has met the investment requirement or, after the expiration of the applicable time period, that it has not met the investment requirement. The department may assess any tax due on construction materials purchased tax free pursuant to this subitem but due the State as a result of the taxpayer's failure to meet the investment requirement. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for the time period beginning with notice to the department before the taxpayer uses the exemption and ending with notice to the department that the taxpayer either has met or has not met the investment requirement.
As used in this subitem, 'taxpayer' includes a person who bears a relationship to the taxpayer as described in Section 267(b) of the Internal Revenue Code.
(68) any property sold to the public through a sheriff's sale as provided by law. Reserved
(69) [Reserved]
(70)(a) gold, silver, or platinum bullion, or any combination of this bullion;
(b) coins that are or have been legal tender in the United States or other jurisdiction; and
(c) currency.
The department shall prescribe documentation that must be maintained by retailers claiming the exemption allowed by this item. This documentation must be sufficient to identify each individual sale for which the exemption is claimed.
(71) any device, equipment, or machinery operated by hydrogen or fuel cells, any device, equipment, or machinery used to generate, produce, or distribute hydrogen and designated specifically for hydrogen applications or for fuel cell applications, and any device, equipment, or machinery used predominantly for the manufacturing of, or research and development involving hydrogen or fuel cell technologies. For purposes of this item:
(a) 'fuel cells' means a device that directly or indirectly creates electricity using hydrogen (or hydrocarbon-rich fuel) and oxygen through an electro-chemical process; and
(b) 'research and development' means laboratory, scientific, or experimental testing and development of hydrogen or fuel cell technologies. Research and development does not include efficiency surveys, management studies, consumer surveys, economic surveys, advertising, or promotion, or research in connection with literary, historical, or similar projects.
(72) any building materials used to construct a new or renovated building or any machinery or equipment located in a research district. However, the amount of the sales tax that would be assessed without the exemption provided by this section must be invested by the taxpayer in hydrogen or fuel cell machinery or equipment located in the same research district within twenty-four months of the purchase of an exempt item.
'Research district' means land owned by the State, a county, or other public entity that is designated as a research district by the University of South Carolina, Clemson University, the Medical University of South Carolina, South Carolina State University, or the Savannah River National Laboratory.
(73) an amusement park ride and any parts, machinery, and equipment used to assemble, operate, and make up an amusement park ride or performance venue facility located in a qualifying amusement park or theme park and any related or required machinery, equipment, and fixtures located in the same qualifying amusement park or theme park.
(a) To qualify for the exemption, the taxpayer shall meet the investment and job requirements provided in subsubitem (i) of subitem (b) over a five-year period beginning on the date of the taxpayer's first use of this exemption. The taxpayer shall notify the Department of Revenue of its intent to qualify and use this exemption and upon receipt of the notification, the department shall issue an appropriate exemption certificate to the taxpayer to be used for qualifying purposes under this item. Within six months after the fifth anniversary of the taxpayer's first use of this exemption, the taxpayer shall notify the department, in writing, that it has or has not met the investment and job requirements of this item. If the taxpayer fails to meet the investment and job requirements, the taxpayer shall pay to the State the amount of the tax that would have been paid but for this exemption. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for this time period beginning with the taxpayer's first use of this exemption and ending with notice to the department that the taxpayer has or has not met the investment and job requirements of this item.
(b) For purposes of this item:
(i) 'Qualifying amusement park or theme park' means a park that is constructed and operated by a taxpayer who makes a capital investment of at least two hundred fifty million dollars at a single site and creates at least two hundred fifty full-time jobs and five hundred part-time or seasonal jobs.
(ii) 'Related or required machinery, equipment, and fixtures' means an ancillary apparatus used for or in conjunction with an amusement park ride or performance venue facility, or both, including, but not limited to, any foundation, safety fencing and equipment, ticketing, monitoring device, computer equipment, lighting, music equipment, stage, queue area, housing for a ride, electrical equipment, power transformers, and signage.
(iii) 'Performance venue facility' means a facility for a live performance, nonlive performance, including any animatronics and computer-generated performance, and firework, laser, or other pyrotechnic show.
(iv) 'Taxpayer' means a single taxpayer or, collectively, a group of one or more affiliated taxpayers. An 'affiliated taxpayer' means a person or entity related to the taxpayer that is subject to common operating control and that is operated as part of the same system or enterprise. The taxpayer is not required to own a majority of the voting stock of the affiliate. Reserved
(74) durable medical equipment and related supplies:
(a) as defined under federal and state Medicaid and Medicare laws;
(b) which is paid directly by funds of this State or the United States under the Medicaid or Medicare programs, where state or federal law or regulation authorizing the payment prohibits the payment of the sale or use tax; and
(c) sold by a provider who holds a South Carolina retail sales license and whose principal place of business is located in this State.
(75) unprepared food that lawfully may be purchased with United States Department of Agriculture food coupons. However, the exemption allowed by this item applies only to the state sales and use tax imposed pursuant to this chapter.
(76) sales of handguns as defined pursuant to Section 16-23-10(1), rifles, and shotguns during the forty-eight hours of the Second Amendment Weekend. For purposes of this item, the 'Second Amendment Weekend' begins at 12:01 a.m. on the Friday after Thanksgiving and ends at twelve midnight the following Saturday.
(77) Energy efficient products purchased for noncommercial home or personal use with a sales price of two thousand five hundred dollars per product or less.
(a) For the purposes of this exemption, an 'energy efficient product' is any energy efficient product for noncommercial home or personal use consisting of any dishwasher, clothes washer, air conditioner, ceiling fan, fluorescent light bulb, dehumidifier, programmable thermostat, refrigerator, door, or window, the energy efficiency of which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each agency's energy-saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each agency's ENERGY STAR program, and gas, oil, or propane water heaters with an energy factor of 0.80 or greater and electric water heaters with an energy factor of 2.0 or greater.
(b) This exemption shall not apply to purchases of energy efficient products purchased for trade, business, or resale.
(c) The exemption provided in this item applies only to sales occurring during a period commencing at 12:01 a.m. on October 1, 2009, and concluding at 12:00 midnight on October 31, 2009, (National 'Energy Efficiency Month') and every year thereafter until 2019.
(d) Each year until 2019, the State Energy Office shall prepare an annual report on the fiscal and energy impacts of the October first through October thirty-first exemption and submit the report to the General Assembly no later than January first of the following year.
(e) Beginning with the February 15, 2009, forecast by the Board of Economic Advisors of annual general fund revenue growth for the upcoming fiscal year, and annually after that, if the forecast of that growth then and in any adjusted forecast made before the beginning of the fiscal year equals at least five percent of the most recent estimate by the board of general fund revenues for the current fiscal year, then the exemption allowed by this item shall be allowed for the applicable year. If the February fifteenth forecast or adjusted forecast annual general fund revenue growth for the upcoming fiscal year meets the requirement for the credit, the board promptly shall certify this result in writing to the department. Reserved
(78) machinery and equipment, building and other raw materials, and electricity used in the operation of a facility owned by an organization which qualifies as a tax exempt organization pursuant to the Internal Revenue Code Section 501(c)(3) when the facility is principally used for researching and testing the impact of such natural hazards as wind, fire, water, earthquake, and hail on building materials used in residential, commercial, and agricultural buildings. To qualify for this exemption, the taxpayer shall notify the department of its intent to qualify and shall invest at least twenty million dollars in real or personal property at a single site in this State over the three-year period beginning on the date provided by the taxpayer to the department in its notices. After the taxpayer notifies the department of its intent to qualify and use the exemption, the department shall issue an appropriate exemption certificate to the taxpayer to be used for qualifying purposes. Within six months of the third anniversary of the taxpayer's first use of the exemption, the taxpayer shall notify the department in writing that it has met the twenty million dollar investment requirement or, that it has not met the twenty million dollar investment requirement. The department may assess any tax due on the machinery and equipment purchased tax free pursuant to this item but due the State as a result of the taxpayer's failure to meet the twenty million dollar investment requirement. The running of the periods of limitations for assessment of taxes provided in Section 12-54-85 is suspended for the time period beginning with notice to the department before the taxpayer uses the exemption and ending with notice to the department that the taxpayer either has met or has not met the twenty million dollar investment requirement. Reserved"
B. This section takes effect July 1, 2012.
SECTION 2. Section 12-36-2130 of the 1976 Code is repealed.
SECTION 3. The revenue generated pursuant to this Act must be used to reduce the overall sales tax rate set forth in Sections 12-36-910 and 12-36-1110.
SECTION 4. The revenue generated pursuant to this Act must be used to reduce the overall sales tax rate set forth in Sections 12-36-910 and 12-36-1110.
SECTION 5. A. The Joint Committee on Taxation, as established by Act 334 of 2002, and contained in Chapter 41, Title 2, is re-enacted under the same provisions as it was originally enacted by Act 334 of 2002, except for the provisions of Section 2-41-60.
B. By September 1, 2012, the Joint Committee on Taxation shall convene for the purpose of conducting a cost benefit analysis on the provisions of Section 12-36-2120. The committee shall submit a report to the Governor and the General Assembly detailing its findings and recommendations. The report must be made available to the public. The committee shall review the feasibility of the exemptions as often as it deems appropriate, but no later than its session every five years after the initial review.
SECTION 6. Except as otherwise provided this act takes effect upon approval by the Governor.
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