Bill 1034

                    Current Status

Bill Number:               1034
Ratification Number:       659
Act Number                 538
Introducing Body:          Senate
Subject:                   To extend the time for appeals;
                           Hurricane Hugo

(A538, R659, S1034)

A JOINT RESOLUTION TO EXTEND THE TIME FOR APPEALS OF ASSESSED VALUE APPLICABLE IN THE 1990 TAX YEAR OF REAL PROPERTY DAMAGED BY HURRICANE HUGO LOCATED IN COUNTIES DECLARED DISASTER AREAS, TO TOLL THE THIRTY-DAY PERIOD TO APPEAL FROM THE COUNTY ASSESSOR TO THE COUNTY BOARD OF TAX APPEALS FROM SEPTEMBER 21, 1989, UNTIL TEN DAYS AFTER THE EFFECTIVE DATE OF THIS ACT IN COUNTIES DECLARED DISASTER AREAS; TO AMEND SECTION 12-37-970, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS AND RETURNS FOR PROPERTY ASSESSED BY THE TAX COMMISSION, SO AS TO MAKE RETURNS DUE ON THE LAST DAY OF THE FOURTH MONTH RATHER THAN THE FIFTEENTH DAY OF THE FOURTH MONTH FOLLOWING THE CLOSE OF THE TAXABLE YEAR; AND TO REPEAL SECTION 12-37-980 RELATING TO EXTENSIONS FOR FILING PROPERTY TAX RETURNS.

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

Appeals deadline extended

SECTION 1. For tax year 1990 only, the time for appeals of the assessed value of real property damaged by Hurricane Hugo on September 21 and 22, 1989, is extended in those counties declared federal disaster areas as a result of Hurricane Hugo from March 1, 1990, to include the period ending on the thirtieth day after the date of the tax notice on the property. Appeals filed during this extension may be based only on changes in assessed value attributable to damage caused by Hurricane Hugo, and the burden of proof of that fact is on the taxpayer.

Appeals period tolled

SECTION 2. The running of the thirty-day period to file an appeal of the decision of a county assessor to the county board of tax appeals is tolled from September 21, 1989, until ten days after the effective date of this act in those counties declared disaster areas as a result of Hurricane Hugo.

Property tax returns

SECTION 3. A. The first paragraph of Section 12-37-970 of the 1976 Code, as last amended by Act 381 of 1988, is further amended to read:

"The assessment for property taxation of merchants' inventories, equipment, furniture and fixtures, and manufacturers' real and tangible personal property, and the machinery, equipment, furniture and fixtures of all other taxpayers required to file returns with the South Carolina Tax Commission for purposes of assessment for property taxation, must be determined by the commission from property tax returns submitted by the taxpayers to the commission on or before the last day of the fourth month after the close of the accounting period regularly employed by the taxpayer for income tax purposes in accordance with Chapter 7 of this title. The commission by regulation shall prescribe the form of return required by this section, the information to be contained in it, and the manner in which the returns must be submitted. Every taxpayer required to make return to the commission of property for assessment for property taxation must make the return to the commission not less than once each calendar year. Whenever by a change of accounting period, or otherwise, more than one accounting period ends within any one calendar year, the taxpayer must make one such return within the prescribed time for filing following the end of each of the accounting periods and the commission shall determine the assessment from the return setting forth the greatest value."

B. The amendment to Section 12-37-970 of the 1976 Code contained in this section is effective for tax years beginning after 1989.

Repeal

SECTION 4. A. Section 12-37-980 of the 1976 Code is repealed.

B. This section is effective for tax years beginning after 1989.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 6th day of June, 1990.