South Carolina General Assembly
124th Session, 2021-2022

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H. 3388

STATUS INFORMATION

General Bill
Sponsors: Reps. McCravy, Burns, Chumley, V.S. Moss, Long, McCabe, Thayer, Trantham, Oremus, Huggins, Bennett, McGarry and Haddon
Document Path: l:\council\bills\nbd\11094dg21.docx
Companion/Similar bill(s): 400

Introduced in the House on January 12, 2021
Currently residing in the House Committee on Ways and Means

Summary: Taxation

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/9/2020  House   Prefiled
   12/9/2020  House   Referred to Committee on Ways and Means
   1/12/2021  House   Introduced and read first time (House Journal-page 179)
   1/12/2021  House   Referred to Committee on Ways and Means 
                        (House Journal-page 179)
   1/13/2021  House   Member(s) request name added as sponsor: Trantham, 
                        Oremus, Huggins
   1/14/2021  House   Member(s) request name added as sponsor: Bennett
   1/26/2021  House   Member(s) request name added as sponsor: McGarry
    2/2/2021  House   Member(s) request name added as sponsor: Haddon

View the latest legislative information at the website

VERSIONS OF THIS BILL

12/9/2020

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

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-525 SO AS TO ALLOW MARRIED TAXPAYERS THAT FILE A JOINT FEDERAL RETURN TO CALCULATE THEIR AMOUNT OF SOUTH CAROLINA INCOME TAX OWED FOR THE TAX YEAR AS THOUGH EACH TAXPAYER FILED A RETURN AS A SINGLE TAXPAYER IF THE TAXPAYERS' CUMULATIVE TAX OWED WOULD BE LESS THAN THE AMOUNT THEY WOULD OWE HAD THEY FILED A JOINT RETURN.

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

SECTION    1.    A.    Article 5, Chapter 6, Title 12 of the 1976 Code is amended by adding:

    "Section 12-6-525.    Notwithstanding any other provision of law, married taxpayers that file a joint federal return may elect to calculate their amount of South Carolina income tax owed for the tax year as though each taxpayer filed a return as a single taxpayer. If both taxpayers elect to calculate their amount of tax owed as a single filer and consequently the taxpayers' cumulative tax owed is less than the amount they would owe had they filed a joint return, then the excess amount owed may be reduced from the amount owed on their joint return. Nothing in this section allows married taxpayers that file a joint federal return to file a South Carolina tax return using another filing status. The department may adopt rules and promulgate regulations necessary to implement the provisions of this section."

SECTION    2.    This act takes effect upon approval by the Governor and first applies to tax years beginning after 2020.

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This web page was last updated on March 16, 2021 at 9:48 AM