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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