Current Status Bill Number:
3553Ratification Number: 229Act Number: 107Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970227Primary Sponsor: BoanAll Sponsors: BoanDrafted Document Number: dka\4048mm.97Date Bill Passed both Bodies: 19970604Date of Last Amendment: 19970522Governor's Action: SDate of Governor's Action: 19970613Subject: Homestead or property tax exemptions for dwellings held in trust or certain life estates, application, ownership status
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19970630 Act No. A107 ------ 19970613 Signed by Governor ------ 19970609 Ratified R229 House 19970604 Concurred in Senate amendment, enrolled for ratification Senate 19970529 Read third time, returned to House with amendment Senate 19970522 Read second time, ordered to third reading with notice of general amendments Senate 19970522 Committee amendment adopted Senate 19970521 Committee report: Favorable with 06 SF amendment Senate 19970501 Introduced, read first time, 06 SF referred to Committee House 19970430 Read third time, sent to Senate House 19970429 Read second time House 19970417 Committee report: Favorable 30 HWM House 19970227 Introduced, read first time, 30 HWM referred to CommitteeView additional legislative information at the LPITS web site.
(A107, R229, H3553)
AN ACT TO AMEND SECTION 12-37-266, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMESTEAD EXEMPTIONS FOR DWELLINGS HELD IN TRUST, SO AS TO PROVIDE FOR APPLICATION FOR THE EXEMPTION EFFECTIVE UNTIL OWNERSHIP STATUS CHANGES AND TO PROVIDE FOR PENALTIES FOR UNREPORTED CHANGES IN CLASSIFICATION; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO INCLUDE DWELLINGS HELD IN TRUST FOR A PARAPLEGIC OR HEMIPLEGIC PERSON; AND TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO HOMESTEAD EXEMPTIONS, SO AS TO APPLY THE PROVISION TO LIFE ESTATES.
Be it enacted by the General Assembly of the State of South Carolina:
Exemptions effective until ownership changes
SECTION 1. Section 12-37-266(1) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"(1) When a trustee holds legal title to a dwelling that is the legal residence of a beneficiary sixty-five years of age or older, or totally and permanently disabled, or blind, and the beneficiary uses the dwelling, the dwelling is exempt from property taxation in the amount and manner as dwellings are exempt under Section 12-37-250 if the beneficiary meets the other conditions required for the exemption. The trustee may apply in person or by mail to the county auditor for the exemption on a form approved by the Comptroller General. No further application is necessary while the property for which the initial application was made continues to meet the eligibility requirements. The trustee shall notify the county auditor of any change in classification within six months of the change. If the trustee fails to notify the county auditor within six months, a penalty must be imposed equal to one hundred percent of the tax paid, plus interest on that amount at the rate of one-half of one percent a month, but in no case may the penalty be less than thirty dollars nor more than the current year's taxes. This penalty and any interest are considered ad valorem taxes due on the property for purposes of collection and enforcement."
Exemptions effective for dwellings held in trust for certain residents
SECTION 2. Section 12-37-220(B)(2) of the 1976 Code, as last amended by Act 90 of 1991, is further amended to read:
"(2) The dwelling house in which he resides and a lot not to exceed one acre of land owned in fee or for life, or jointly with his or her spouse, by a paraplegic or hemiplegic person, or in trust for his or her benefit, is exempt from all property taxation provided the person furnishes satisfactory proof of his disability to the State Department of Revenue. The exemption is allowed to the surviving spouse of the person so long as the spouse does not remarry, resides in the dwelling, and obtains by devise the fee or a life estate in the dwelling. The dwelling house is defined as the person's legal residence. For purposes of this item, a hemiplegic person is a person who has paralysis of one lateral half of the body resulting from injury to the motor centers of the brain."
Exemptions apply to life estates
SECTION 3. A. The penultimate paragraph of Section 12-37-250 of the 1976 Code is amended to read:
"The provisions of this section apply to life estates created by will and also to life estates otherwise created."
B. Notwithstanding any other effective date provided in this act, this section takes effect upon approval by the Governor.
SECTION 4. This act takes effect January 1, 1998.
Approved the 13th day of June, 1997.