South Carolina General Assembly
106th Session, 1985-1986

Bill 2811

                    Current Status

Bill Number:               2811
Ratification Number:       273
Act Number:                179
Introducing Body:          House
Subject:                        Examination of records and equipment
                           of a vendor of tangible personal
                           property
View additional legislative information at the LPITS web site.

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

(A179, R273, H2811)

AN ACT TO AMEND SECTION 12-35-1270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION OF RECORDS AND EQUIPMENT OF A VENDOR OF TANGIBLE PERSONAL PROPERTY BY AN AGENT OF THE TAX COMMISSION, SO AS TO AUTHORIZE A LAW ENFORCEMENT OFFICER WITHIN HIS OWN JURISDICTION TO EXAMINE THESE RECORDS AND EQUIPMENT AND TO PROVIDE A PENALTY.

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

Examination of records and equipment

SECTION 1. Section 12-35-1270 of the 1976 Code is amended to read:

"Section 12-35-1270. The Commission, its duly authorized agents, or any law enforcement officer within his own jurisdiction may request to examine the books, invoices, papers, records, and equipment of any person selling tangible personal property and any person liable for the tax imposed by this chapter and may investigate the character of the business of any such person in order to verify the accuracy of any return made or, if no return was made by such person, to ascertain and determine the amount required to be paid under this chapter.

The Commission may also, for the purpose of ascertaining the correctness of any return or returns required by this chapter, or for the purpose of making an estimate of the taxable sales or purchases of any person, examine or cause to be examined by any agent or representative designated by it for that purpose any other books, papers, records, or memoranda bearing upon the matters required to be included in the return.

Any person who refuses to immediately comply with any request to inspect or examine records under this section or who falsifies such records is guilty of a misdemeanor and upon conviction must be punished by imprisonment not to exceed one year or a fine of not more than one thousand dollars or both."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.