Current Status Bill Number:476 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970305 Primary Sponsor:Leatherman All Sponsors:Leatherman Drafted Document Number:jic\5276htc.97 Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Property tax refund on assessment ratio, homestead exemption, aging, handicapped, refunds, reimbursements
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970305 Introduced, read first time, 06 SF
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-60-2570 SO AS TO PROVIDE THAT A CLAIM FOR PROPERTY TAX REFUND BASED ON THE PROPER ASSESSMENT RATIO FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY IS ALSO CONSIDERED A CLAIM FOR REFUND BASED ON THE RESIDENTIAL EXEMPTION AND, IF OTHERWISE ELIGIBLE, FOR THE HOMESTEAD EXEMPTION FOR PERSONS OVER AGE SIXTY-FIVE OR DISABLED AND TO LIMIT REFUNDS ATTRIBUTABLE TO THESE EXEMPTIONS TO THE IMMEDIATE PRECEDING TAX YEAR; TO AMEND SECTION 12-37-250, AS AMENDED, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS OVER AGE SIXTY-FIVE OR DISABLED, SO AS TO ALLOW THE EXEMPTION BEGINNING WITH THE PROPERTY TAX YEAR THE APPLICANT ATTAINS AGE SIXTY-FIVE OR IS CLASSIFIED AS TOTALLY AND PERMANENTLY DISABLED AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 12-37-252, AS AMENDED, RELATING TO THE ASSESSMENT RATIOS APPLICABLE TO PROPERTY ELIGIBLE FOR THE HOMESTEAD EXEMPTION, SO AS TO DELETE PROVISIONS MOVED TO SECTION 12-60-2570, AS ADDED BY THIS ACT; TO AMEND SECTION 12-37-275, AS AMENDED, RELATING TO REIMBURSEMENTS PAID POLITICAL SUBDIVISIONS FOR PROPERTY TAX REVENUE NOT COLLECTED, SO AS TO PROVIDE THAT THE ONE-YEAR LIMIT ON REIMBURSEMENT ADJUSTMENTS APPLIES TO ALL REIMBURSED TAX EXEMPTIONS AND THE REIMBURSEMENT FOR REVENUE LOST TO ADDITIONAL DEPRECIATION; AND TO AMEND SECTION 12-60-2560, RELATING TO PROCEDURES APPLICABLE TO FILING CLAIMS FOR REFUND OF PROPERTY TAX, SO AS TO CONFORM THIS SECTION TO TIME LIMITS IMPOSED IN SECTION 12-60-2570 AS ADDED BY THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 9, Article 9, Chapter 60, Title 12 of the 1976 Code is amended by adding:
"Section 12-60-2570. A claim for refund based on the assessment ratio allowed owner-occupied residential property pursuant to Section 12-43-220(c) is also considered a claim for refund based on the residential exemption allowed pursuant to Section 12-37-251 and, if the taxpayer is eligible, for the homestead exemption allowed pursuant to Section 12-37-250. Separate claims for these refunds also may be filed. Refunds attributable to these exemptions are exceptions to the provisions of Section 12-60-1750. Notwithstanding the provisions of Section 12-54-84(F), no refund based on these exemptions may be granted except for the immediate preceding tax year."
SECTION 2. 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 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:
(1) has been a resident of this State for at least one year and has reached the age of sixty-five years on or before as of 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, (2) has attained the age of sixty-five years or has been classified as totally and permanently disabled, or legally blind before or during the tax year for which the exemption is claimed; and (3) holds complete fee simple title or a life estate to the dwelling place.
For purposes of the disabilities giving rise to this exemption, a person is totally and permanently disabled when so classified by a state or federal agency charged by law with making such classifications and a person is legally blind when his vision falls within the definition of legal blindness provided in Section 43-25-20(1). 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 3. Section 12-37-252 of the 1976 Code, as last amended by Section 19, Act 431 of 1996, is further amended to read:
"Section 12-37-252. (A) Notwithstanding any other provision of law, property that qualifies for the homestead exemption pursuant to Section 12-37-250 is classified and taxed as residential on an assessment equal to four percent of the property's fair market value. Any agriculturally classified lands that are a part of the homestead must be taxed on an assessment equal to four percent of the lands' value for agricultural purposes. The county auditor shall notify the county assessor of the property so qualifying and no further application is required for such classification and taxation.
(B) When a person qualifies for a refund pursuant to Sections 12-60-2560 and 12-43-220(c) for prior years' eligibility for the four percent owner-occupied residential assessment ratio, the person also may be certified for a homestead tax exemption pursuant to Section 12-37-250. This refund does not extend beyond the immediate preceding tax year. The refund is an exception to the limitations imposed by Section 12-60-1750."
SECTION 4. Section 12-37-275 of the 1976 Code, as last amended by Section 20, Act 431 of 1996, is further amended to read:
"Section 12-37-275. Notwithstanding any other provision of law, requests for reimbursement for taxes not collected the previous year must not be received by the Comptroller General before January first. These requests must be for the reimbursement of eligible accounts which accrue before the first penalty date each year. Those eligible accounts that accrue or are discovered on or after the first penalty date of the tax year must be submitted to the Comptroller General in the next year's reimbursement request. These requests do not extend beyond the immediate preceding tax year. The reimbursements to which this section applies include those provided pursuant to Sections 12-37-251(B), 12-37-270, 12-37-450(B), 12-37-935(B), and any other reimbursements required by law to compensate taxing entities for revenues not collected as a result of property tax exemptions."
SECTION 5. Section 12-60-2560(A) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(A) Subject to the limitations in Section 12-60-1750, and within the time limitation of Section 12-54-85(F), except as provided in Section 12-60-2570, a property taxpayer may seek a refund of real property taxes assessed by the county assessor and paid, other than taxes paid on property the taxpayer claims is exempt, by filing a claim for refund with the county assessor who made the property tax assessment for the property for which the tax refund is sought.
The assessor, upon receipt of a claim for refund, shall immediately notify the county treasurer and the county auditor for the county from which the refund is sought. The majority of these three officials shall determine the taxpayer's refund, if any, and shall notify the taxpayer in writing of their decision."
SECTION 6. Upon approval by the Governor, this act is effective for property tax years beginning after 1997.