Current Status Introducing Body:House Bill Number:3316 Primary Sponsor:H. Brown Committee Number:30 Type of Legislation:GB Subject:Income tax withholding, natural forces Residing Body:House Current Committee:Ways and Means Companion Bill Number:534 Date Tabled:Apr 09, 1991 Computer Document Number:BR1/1047.SD Introduced Date:Jan 24, 1991 Last History Body:House Last History Date:Apr 09, 1991 Last History Type:Tabled in Committee Scope of Legislation:Statewide All Sponsors:H. Brown Wofford J. Williams D. Williams Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3316 House Apr 09, 1991 Tabled in Committee 30
3316 House Jan 24, 1991 Introduced, read first time, 30
referred to Committee
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TO AMEND SECTION 12-9-310, AS AMENDED, 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 EXEMPTION FROM WITHHOLDING REQUIREMENTS OF UTILITIES HIRING OR CONTRACTING WITH NONRESIDENT UTILITIES TO PERFORM SERVICES OF A TEMPORARY NATURE RELATING TO DAMAGE CAUSED BY NATURAL FORCES ALSO APPLIES TO COUNTIES MAKING SUCH PAYMENTS TO A PERSON NOT IN ITS REGULAR EMPLOY, AND TO PROVIDE THAT THESE PROVISIONS RELATING TO COUNTIES ARE RETROACTIVE TO DECEMBER 31, 1988.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-9-310(3) of the 1976 Code, as last amended by Act 399 of 1990, is further amended to read:
"(3) Hiring or contracting or having a contract with any a nonresident taxpayer conducting a business or performing personal services of a temporary nature carried on within this State, where the contract exceeds ten thousand dollars or reasonably could reasonably be expected to exceed ten thousand dollars, must withhold two percent of each and every payment made to these nonresidents.
The conditions set forth in items (2) and (3) of this section may be waived by the commission, provided if the payee shall insure insures the commission by bond, secured by an insurance company licensed by the South Carolina Insurance Commission, or deposit of securities subject to approval by the State Treasurer, or cash which shall not bear interest, that the payee will comply with all applicable provisions of Chapter 5 of this title and with the withholding requirements insofar as his obligations as a withholding agent are concerned.
The provisions of item (3) do not apply to a utility hiring or contracting or having a contract with any a nonresident utility or to a county hiring or contracting with a person not in its regular employ 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 a person, special purpose district, authority, or political subdivision producing, storing, conveying, transmitting, or distributing communication, electricity, gas, water, steam, or sewerage.
(c) `county' means a county of this State."
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 payments made by a county to another person on or after December 31, 1988.
SECTION 3. This act takes effect upon approval by the Governor.