A resident personal representative holding personal property of a deceased nonresident subject to the tax shall deduct the tax or collect it from the personal representative in the state of the decedent's domicile and shall not deliver the property to him or any other person until he has collected the tax and paid the same to the department. When the transfer of the personal property is subject to a tax under the provisions of this chapter and the personal representative in the state of domicile neglects or refuses to pay the tax upon demand or if for any reason the tax is not paid within nine months after the decedent's death, the resident personal representative may petition the probate court where the resident personal representative qualified for authority to sell the property or, if the same can be divided, the portion as may be necessary. He shall then deduct the tax from the proceeds of the sale and account for the balance, if any, in lieu of the property.
HISTORY: 1987 Act No. 70, Section 1; 1988 Act No. 463, Section 8.
Structure South Carolina Code of Laws
Section 12-16-10. Short title.
Section 12-16-20. Definitions.
Section 12-16-30. Presumption of residency at death.
Section 12-16-210. Short title of article.
Section 12-16-220. Construction and purpose.
Section 12-16-230. Arbitration of conflicting state claims regarding domicile.
Section 12-16-240. Arbitration hearings.
Section 12-16-250. Powers of arbitration board; judicial sanctions for failure to obey subpoena.
Section 12-16-260. Determination of domicile.
Section 12-16-270. Board's authority over questions arising in arbitration proceedings.
Section 12-16-280. Filing requirements.
Section 12-16-290. Interest or penalties for nonpayment of death taxes.
Section 12-16-300. Compromise.
Section 12-16-310. Compensation and expenses of board members and employees.
Section 12-16-320. Applicability of article.
Section 12-16-510. Estates of residents.
Section 12-16-520. Estates of nonresidents.
Section 12-16-530. Estates of aliens.
Section 12-16-710. Definitions.
Section 12-16-720. Imposition of tax.
Section 12-16-730. Payment of tax.
Section 12-16-740. Amended returns; underpayment of tax.
Section 12-16-1110. When tax is due; extensions; filing requirements; interest.
Section 12-16-1120. Amended return; assessment of deficiency; limitations period.
Section 12-16-1140. Extensions of time for payment of tax.
Section 12-16-1150. Personal representative's liability for payment of tax.
Section 12-16-1160. Payment of tax owed by estate of nonresident.
Section 12-16-1170. Showing and appraisal of property.
Section 12-16-1180. Production of documents and other information.
Section 12-16-1190. Attachment incident to neglect or disobedience of summons.
Section 12-16-1200. Mandamus to compel appearance or production of documents.
Section 12-16-1220. Information to be furnished by probate judge.
Section 12-16-1510. Lien for unpaid taxes; certificate of release from lien.
Section 12-16-1710. Sale of real estate for payment of tax authorized.
Section 12-16-1720. Notice to and appearance of department in judicial proceedings.
Section 12-16-1730. Payment of judgment for taxes and remittance to State Treasurer; executions.
Section 12-16-1910. Effect of disclaimer of property interest.