Current Status Introducing Body:
HouseBill Number: 3963Primary Sponsor: BaxleyCommittee Number: 30Type of Legislation: GBSubject: Homestead tax exemptionResiding Body: HouseCurrent Committee: Ways and MeansComputer Document Number: JIC/5772HC.93Introduced Date: 19930414Last History Body: HouseLast History Date: 19930414Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: BaxleyType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3963 House 19930414 Introduced, read first time, 30 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD TAX EXEMPTION, SO AS TO INCREASE THE AMOUNT OF REAL PROPERTY EXEMPTED FROM TAXATION FROM THE FIRST TWENTY THOUSAND DOLLARS OF FAIR MARKET VALUE TO THE FIRST TWENTY-FIVE THOUSAND DOLLARS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO AUTHORIZE A COUNTY BY ORDINANCE TO ALLOW AN ADDITIONAL HOMESTEAD PROPERTY TAX EXEMPTION IN AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS, TO PROVIDE THAT THE EXEMPTION DOES NOT TAKE EFFECT UNLESS THE GOVERNING BODY OF EVERY MUNICIPALITY IN THE COUNTY BY ORDINANCE APPROVES THE ADDITIONAL EXEMPTION, TO PROVIDE THAT THERE IS NO STATE REIMBURSEMENT FOR REVENUES NOT COLLECTED AS A RESULT OF THIS ADDITIONAL EXEMPTION, AND TO ALLOW THE EXEMPTION TO BE RESCINDED OR THE AMOUNT CHANGED IN THE SAME MANNER THAT THE ADDITIONAL EXEMPTION IS FIRST GRANTED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The first paragraph of Section 12-37-250 of the 1976 Code, as last amended by Act 530 of 1990, is further amended to read:
"The first twenty twenty-five thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. `Dwelling place' means the permanent home and legal residence of the applicant."
SECTION 2. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-251. (A) The governing body of a county by ordinance may allow an additional homestead exemption equal to not more than five thousand dollars on all property receiving the exemption allowed pursuant to Section 12-37-250. This additional exemption may not take effect unless the governing body of every municipality located in whole or in part in the county by ordinance approves the additional exemption.
(B) The reimbursement provisions of Section 12-37-270 do not apply to any exemption allowed pursuant to this section.
(C) The additional exemption may be rescinded or the amount of the exemption may be changed in the same manner that the exemption is first allowed."
SECTION 3. This act takes effect January 1, 1994, and applies for taxable years beginning after 1993.