Bill 429

                    Current Status

Bill Number:               429
Ratification Number:       208
Act Number:                138
Introducing Body:          Senate
Subject:                        Sales tax exemptions

(A138, R208, S429)

AN ACT TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE REQUIREMENT THAT THE SELLER TO NONRESIDENTS OF MOTOR VEHICLES, TRAILERS, SEMITRAILERS, OR POLE TRAILERS FURNISH TO THE TAX COMMISSION A COPY OF AN AFFIDAVIT AS TO THE STATE OF REGISTRATION AND OPERATION OF THE VEHICLE AND THE PURCHASER'S ADDRESS AND TO DELETE THE APPLICATION OF THE PENALTY PROVISION TO VIOLATIONS OF THE REQUIREMENT, AND TO DELETE THE REQUIREMENT THAT THE AFFIDAVIT MUST BE FILED WITH THE SALES AND USE TAX RETURN AND THAT THE RETURN MUST BE FILED WITHIN THE STATUTORY PERIOD; AND TO ALLOW THE EXEMPTION OF THE GROSS PROCEEDS OF THE SALE OF AUTOMOBILES OR MOTOR BIKES TO A PERSON DOMICILED IN OR RESIDENT OF ANOTHER STATE, LOCATED IN THIS STATE UNDER ORDERS OF THE ARMED FORCES, IF WITHIN TEN DAYS OF THE SALE OR PURCHASE, INSTEAD OF AT THE TIME OF SALE OR PURCHASE, A COMMISSIONED OFFICER OF A HIGHER RANK THAN THE PURCHASER, INSTEAD OF THE COMMANDING OFFICER, CERTIFIES CERTAIN INFORMATION TO THE VENDOR.

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

Sales tax exemption

SECTION 1. Item (24) of Section 12-35-550 of the 1976 Code is amended to read:

"(24) The gross proceeds of sales of motor vehicles, trailers, semitrailers, and pole trailers of a type required to be registered and licensed sold to nonresidents for immediate transportation to and use in another state. The purchaser shall furnish

an affidavit to the seller as to the state in which the vehicle will be registered and operated and the street, city, and state address of the purchaser. In addition to all other penalties and fines provided by law, any person who falsifies or conspires to falsify the affidavit is subject, in addition to the tax on the transaction, to a penalty to be assessed and collected by the South Carolina Tax Commission in the manner provided in this chapter in an amount not to exceed one thousand dollars and is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or be imprisoned for not more than one year, or both, in the discretion of the court."

Sales tax exemption

SECTION 2. Item (25) of Section 12-35-550 of the 1976 Code is amended to read:

"(25) The gross proceeds of the sale of automobiles or motor bikes to a person domiciled in or resident of another state, who is located within South Carolina by reason of orders of the Armed Forces of the United States. This claim for exemption is allowed only if within ten days of the sale or purchase a statement is furnished the vendor from a commissioned officer of the Armed Forces of a higher rank than the purchaser certifying that the person claiming the exemption is a member of the Armed Forces on active duty and is domiciled in or a resident of another state."

Time effective

SECTION 3. This act shall take effect on July 1, 1985.