Indicates Matter Stricken

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Committee Report

May 4, 2023

H. 3116

Introduced by Reps. Felder, Carter, Pope, Guffey, O'Neal, Gilliam, Hart and Caskey

 

S. Printed 05/04/23--H.

Read the first time January 10, 2023

 

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The committee on House Ways and Means

To who was referred a Bill (H. 3116) to amend the South Carolina Code of Laws by amending Section 12-37-610, relating to persons liable for taxes and assessments on real property, so as to provide that, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

BRUCE BANNISTER for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

State Expenditure

This bill allows a veteran of the Armed Forces of the United States who is permanently and totally disabled because of a service-connected disability to immediately claim a property tax exemption for his owner-occupied property in the year in which the disability occurs.  The veteran must file DOR certifying the disability to receive this exemption. Currently, veteran of the Armed Forces of the United States, who is permanently and totally disabled as a result of a service-connected disability, may claim a property tax exemption of his owner-occupied property. However, the exemption does not take effect until the year following the approval from DOR. 

 

This bill would require DOR to update its computer programing to allow the exemption to be approved in the year of application. DOR would also need to update its application form for the exemption. We anticipate DOR can manage these updates within existing appropriations. We will update this fiscal impact if the agency provides information indicating otherwise.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

to amend the South Carolina Code of Laws by amending Section 12-37-610, relating to PERSONS LIABLE FOR TAXES AND ASSESSMENTS ON REAL PROPERTY, so as to PROVIDE THAT CERTAIN DISABLED VETERANS OF THE ARMED FORCES OF THE UNITED STATES ARE EXEMPT FROM PROPERTY TAXES IN THE YEAR IN WHICH THE DISABILITY OCCURS.

 

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

 

SECTION 1.  Section 12-37-610 of the S.C. Code is amended to read:

 

    Section 12-37-610. (A) Each person is liable to pay taxes and assessments on the real property that, as of December thirty-first of the year preceding the tax year, he owns in fee, for life, or as trustee, as recorded in the public records for deeds of the county in which the property is located, or on the real property that, as of December thirty-first of the year preceding the tax year, he has care of as guardian, executor, or committee or may have the care of as guardian, executor, trustee, or committee.

    (B)  Notwithstanding any other provision of law, a veteran of the Armed Forces of the United States, who is permanently and totally disabled as a result of a service-connected disability and who files with the department a certificate signed by the county service officer certifying this disability, and who otherwise meets the requirements of Section 12-37-220(B)(1) may immediately claim the exemption for the entire year in which the disability occurs. Additionally, a veteran who is permanently and totally disabled for any part of the year is entitled to the exemption for the entire year. In a year in which a disabled veteran owns a property for less than a year, any other owner, who is not a disabled veteran, or otherwise entitled to an exemption, is responsible for the property tax accrued on the property for the time in which he owned the property.

 

SECTION 2.  This act takes effect upon approval by the Governor and applies to tax years beginning after 2022 and any open period less than three years.

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