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H. 4358
STATUS INFORMATION
General Bill
Sponsors: Reps. Rutherford and Bales
Document Path: l:\council\bills\bbm\10199htc08.doc
Introduced in the House on January 8, 2008
Currently residing in the House Committee on Ways and Means
Summary: Sales tax exemptions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/12/2007 House Prefiled
12/12/2007 House Referred to Committee on Ways and Means
1/8/2008 House Introduced and read first time HJ-44
1/8/2008 House Referred to Committee on Ways and Means HJ-44
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT TANGIBLE PERSONAL PROPERTY USED OR CONSUMED IN DEVELOPMENT, CONSTRUCTION, REHABILITATION, RENOVATION, REPAIR, OR OPERATION OF HOUSING FACILITIES FOR LOW AND MODERATE INCOME FAMILIES AND PERSONS AND TANGIBLE PERSONAL PROPERTY INCORPORATED IN SUCH HOUSING FACILITIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-36-2120 of the 1976 Code, as last amended by Act 116 of 2007, is further amended by adding an appropriately numbered item at the end to read:
"( )(a) tangible personal property used or consumed in development, construction, rehabilitation, renovation, repair, or operation of housing facilities for low and moderate income families and persons and sales of and the storage, use or other consumption of tangible personal property acquired for incorporation into or used and consumed in the operation of housing facilities for low and moderate income families and persons;
(b) to be eligible for the exemption allowed pursuant to this item, the facilities must be constructed under the sponsorship of and owned or operated by housing authorities, as defined in Chapter 3 of Title 31. The housing authority sponsoring the construction of or owning or operating the housing facility shall obtain from the department a letter of determination that the housing facility has, to the satisfaction of the department, met all the requirements for exemption pursuant to this item. At the time of any sale or purchase that is exempt pursuant to this item, the purchaser shall present to the retailer a copy of the determination letter that was issued to the housing authority together with a certificate from the purchaser, in the form the department prescribes, certifying that the tangible personal property that is being purchased from the retailer is to be used or consumed exclusively for the purposes of incorporation into or in the development, construction, rehabilitation, renovation, repair, or operation of the housing facility identified in the letter of determination;
(c) as used in this item, 'housing facilities' include the residential portions of 'projects' as defined pursuant to Section 31-3-20(10) and 'low and moderate income' are as defined in Section 31-3-20(15) and (17)."
SECTION 2. This act takes effect July 1, 2008.
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