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TO AMEND SECTION 12-54-46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR FILING AN EXEMPTION CERTIFICATE CLAIMING AN EXCESSIVE NUMBER OF EXEMPTIONS FOR TAX PURPOSES, SO AS TO DESCRIBE SPECIFIC PROHIBITED ACTS, SET THE PENALTY AT FIVE HUNDRED DOLLARS ANNUALLY, AND PROVIDE FOR AN EXCEPTION FOR A CHANGE IN FAMILY CIRCUMSTANCES UNDER CERTAIN CONDITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-54-46 of the 1976 Code is amended to read:
"Section 12-54-46. (A) An individual subject to withholding and required to supply information to his employer under pursuant to Chapter 8 of Title 12 who supplies a withholding exemption certificate which exceeds the number of exemptions to which he is entitled is liable for a penalty of not less than fifty five hundred dollars for each exemption claimed that exceeds the number to which he is entitled. The penalty is assessed and collected in the same manner as income tax penalties of the following violations:
(1) refusing or failing to provide a withholding exemption certificate;
(2) providing a withholding exemption certificate that claims he is exempt from withholding;
(3) providing exemptions on a withholding exemption certificate exceeding the number of exemptions to which he is entitled; or
(4) requesting a waiver from withholding to which he is not entitled.
(B) An additional five hundred dollar penalty is imposed each January first that a violation is not corrected.
(C) The penalty does not apply to an individual described in subsection (A) who has a change in family circumstances that makes his withholding exemption certificate inaccurate unless his employer or the department has informed him to revise his withholding exemption certificate."
SECTION 2. This act takes effect upon approval by the Governor.
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