South Carolina General Assembly
120th Session, 2013-2014

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S. 303

STATUS INFORMATION

General Bill
Sponsors: Senators Campsen and Ford
Document Path: l:\council\bills\agm\19869dg13.docx

Introduced in the Senate on January 29, 2013
Introduced in the House on March 5, 2013
Last Amended on February 28, 2013
Currently residing in the House Committee on Ways and Means

Summary: Deed recordings fees

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/29/2013  Senate  Introduced and read first time (Senate Journal-page 4)
   1/29/2013  Senate  Referred to Committee on Finance (Senate Journal-page 4)
   2/27/2013  Senate  Committee report: Favorable with amendment Finance 
                        (Senate Journal-page 25)
   2/28/2013  Senate  Committee Amendment Adopted (Senate Journal-page 20)
   2/28/2013  Senate  Roll call Ayes-38  Nays-0 (Senate Journal-page 20)
    3/5/2013  Senate  Read third time and sent to House 
                        (Senate Journal-page 11)
    3/5/2013  House   Introduced and read first time (House Journal-page 14)
    3/5/2013  House   Referred to Committee on Ways and Means 
                        (House Journal-page 14)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/29/2013
2/27/2013
2/28/2013

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 28, 2013

S. 303

Introduced by Senator Campsen

S. Printed 2/28/13--S.

Read the first time January 29, 2013.

            

A BILL

TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO INCLUDE CERTAIN TRUSTS IN EXEMPTING PROPERTY USED FOR THE HOLDING OF ITS MEETINGS WHEN NO PROFIT OR BENEFIT INURES TO THE BENEFIT OF ANY STOCKHOLDER OR INDIVIDUAL; AND TO AMEND SECTION 12-24-40, AS AMENDED, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES, SO AS TO EXEMPT TRANSFERS FROM A TRUST ESTABLISHED FOR THE BENEFIT OF A RELIGIOUS ORGANIZATION TO THE RELIGIOUS ORGANIZATION.

Amend Title To Conform

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

SECTION    1.    Section 12-37-220(B)(16) of the 1976 Code, as last amended by Act 352 of 2008, is further amended to read:

"(16)(a)    The property of any religious, charitable, eleemosynary, educational, or literary society, corporation, trust, or other association, when the property is used by it primarily for the holding of its meetings and the conduct of the business of the society, corporation, trust, or association and no profit or benefit therefrom inures to the benefit of any private stockholder or individual.

(b)    The property of any religious, charitable, or eleemosynary society, corporation, trust, or other association when the property is acquired for the purpose of building or renovating residential structures on it for not-for-profit sale to economically disadvantaged persons. The total properties for which the religious, charitable, or eleemosynary society, corporation, trust, or other association may claim this exemption in accordance with this paragraph may not exceed fifty acres per county within the State.

(c)    The exemption allowed pursuant to subitem (a) of this item extends to real property owned by an organization described in subitem (a) and which qualifies as a tax exempt organization pursuant to Internal Revenue Code Section 501(c)(3), when the real property is held for a future use by the organization that would qualify for the exemption allowed pursuant to subitem (a) of this item or held for investment by the organization in sole pursuit of the organization's exempt purposes and while held this real property is not rented or leased for a purpose unrelated to the exempt purposes of the organization and the use of the real property does not inure to the benefit of any private stockholder or individual. Real property donated to the organization which receives the exemption allowed pursuant to this subitem is allowed the exemption for no more than three consecutive property tax years. If real property acquired by the organization by purchase receives the exemption allowed pursuant to this subitem and is subsequently sold without ever having been put to the exempt use, the exemption allowed pursuant to this subitem is deemed terminated as of December thirty-first preceding the year of sale and the property is subject to property tax for the year of sale to which must be added a recapture amount equal to the property tax that would have been due on the real property for not more than the four preceding years in which the real property received the exemption allowed pursuant to this subitem. The recapture amount is deemed property tax for all purposes for payment and collection.

(d)    To qualify for the exemption allowed by this item, a trust must be a trust that is established solely for the benefit of a religious organization."

SECTION    2.    Section 12-24-40(8) of the 1976 Code is amended to read:

"(8)    transferring realty to a corporation, a partnership, or a trust as a stockholder, partner, or trust beneficiary of the entity or so as to become a stockholder, partner, or trust beneficiary of the entity as long as no consideration is paid for the transfer other than stock in the corporation, interest in the partnership, beneficiary interest in the trust, or the increase in value in the stock or interest held by the grantor. However, except for transfers from one family trust to another family trust without consideration, or transfers from a trust established for the benefit of a religious organization to the religious organization, the transfer of realty from a corporation, a partnership, or a trust to a stockholder, partner, or trust beneficiary of the entity is subject to the fee, even if the realty is transferred to another corporation, a partnership, or trust;"

SECTION    3.    This act takes effect upon approval by the Governor and applies to property tax years beginning after 2012.

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This web page was last updated on March 6, 2013 at 1:51 PM