Bill 4547

                    Current Status

Bill Number:               4547
Ratification Number:       454
Act Number                 399
Introducing Body:          House
Subject:                   Withholding requirements do not
                           apply

(A399, R454, H4547)

AN ACT TO AMEND SECTION 12-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING REQUIREMENTS FROM CERTAIN PAYMENTS FOR STATE INCOME TAX PURPOSES, SO AS TO PROVIDE THAT THE WITHHOLDING REQUIREMENTS FOR PAYMENTS TO NONRESIDENT TAXPAYERS PERFORMING SERVICES OF A TEMPORARY NATURE DO NOT APPLY TO UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES, AND TO PROVIDE THAT THESE PROVISIONS ARE RETROACTIVE TO DECEMBER 31, 1988.

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

Withholding requirements do not apply

SECTION 1. Section 12-9-310(3) of the 1976 Code is amended by adding at the end:

"The provisions of item (3) do not apply to a utility hiring or contracting or having a contract with any nonresident utility to perform services of a temporary nature relating to damage caused by natural forces. For purposes of this provision:

(a) 'natural forces' means conflagration, flood, storm, earthquake, hurricane, or other public calamity, and

(b) 'utility' means any person, special purpose district, authority, or political subdivision producing, storing, conveying, transmitting, or distributing communication, electricity, gas, water, steam, or sewerage."

Applicability to payments

SECTION 2. The provisions of Section 12-9-310(3) of the 1976 Code, as amended by Section 1 of this act, are effective in regard to any payments made to a nonresident utility on or after December 31, 1988.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 3rd day of April, 1990.