Current Status Introducing Body:House Bill Number:3804 Primary Sponsor:Shissias Committee Number:30 Type of Legislation:GB Subject:Tax refunds, setoff claims Residing Body:House Current Committee:Ways and Means Computer Document Number:436/11201AC.93 Introduced Date:19930331 Last History Body:House Last History Date:19930331 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Shissias Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3804 House 19930331 Introduced, read first time, 30
referred to Committee
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TO AMEND SECTION 12-54-470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MULTIPLE SETOFF CLAIMS TO TAX REFUNDS, SO AS TO PROVIDE FOR THE ORDER OF PRIORITY AMONG THESE CLAIMS AND A FIRST IN-TIME PRIORITY FOR CLAIMS WITHIN A CLASS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-54-470 of the 1976 Code, as added by Act 474 of 1988, is amended to read:
"Section 12-54-470. Priority in multiple claims Claims to refunds allowed to be setoff set off under the provisions of this article must be in the order in time which made by a claimant agency has filed filing a written notice with the commission of its intention to effect collection through setoff under this article. However, claims filed by any agency of state government have priority over claims filed by the Internal Revenue Service or an institution of higher learning. Notwithstanding this priority according to time of filing, the commission has priority over all other claimant agencies for collection by setoff whenever it is a competing agency for a refund. The following is the order of priority for multiple claims filed:
(1) claims of the commission;
(2) claims of the Division of Child Support Enforcement of the State Department of Social Services;
(3) other claims of the State Department of Social Services and other state agencies;
(4) claims of the Internal Revenue Service and claims filed by institutions of higher learning;
(5) claims of other agencies not given a specific priority.
Priority within a class in which multiple claims are filed is the order in time in which the claimant agencies filed the written notice with the commission of the intention to effect collection through setoff under this article."
SECTION 2. The amendments to Section 12-54-470 of the 1976 Code, as contained in Section 1 of this act, are applicable to refunds for tax years beginning after 1993.
SECTION 3. This act takes effect upon approval by the Governor.