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H 4387 Session 124 (2021-2022)
H 4387 General Bill, By Jordan, Lowe, Crawford, Sandifer, G.M.Smith, Murphy,
J.E.Johnson, B.Newton, Fry, W.Newton, Finlay, Hewitt, Bailey , Ligon, Bradley,
Erickson, Burns, Chumley, Allison, Nutt, Magnuson, Hyde, Elliott, Huggins,
McCravy, Collins, Carter, Ballentine, Herbkersman, Hiott, Hixon, Lucas, Morgan,
D.C.Moss and Willis
A BILL TO AMEND SECTION 6-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE BUSINESS LICENSE TAX, SO AS TO PROHIBIT A TAXING JURISDICTION
FROM SUBJECTING CERTAIN PROPERTY TO DOUBLE TAXATION.
05/13/21 House Introduced and read first time (House Journal-page 18)
05/13/21 House Referred to Committee on Ways and Means
(House Journal-page 18)
H. 4387
A BILL
TO AMEND SECTION 6-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS LICENSE TAX, SO AS TO PROHIBIT A TAXING JURISDICTION FROM SUBJECTING CERTAIN PROPERTY TO DOUBLE TAXATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-1-400 of the 1976 Code, as added by Act 176 of 2020, is amended by adding an appropriately lettered subsection to read:
"( ) A taxing jurisdiction may not levy the business license tax in a manner that would cause an individual to be subject to double taxation. If an individual has an ownership interest in an entity whose sole business endeavor is to rent a single property to an entity in which the same individual also has an ownership interest, then the taxing jurisdiction must treat the operation as a single business for purposes of the business license tax."
SECTION 2. This act takes effect upon approval by the Governor.
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