(A) A tax in the amount of the federal credit is imposed on the transfer of the taxable estate of every resident, subject, where applicable, to the credit provided in subsection (B).
(B) If any real and tangible personal property of a resident is located outside of this State and is subject to a death tax imposed by another state for which the federal credit is allowed, the amount of the tax due under this section must be credited with the lesser of:
(1) the amount of the death tax paid the other state and credited against the federal estate tax; or
(2) an amount computed by multiplying the federal credit by a fraction, the numerator of which is the value of that part of the gross estate over which another state or states have jurisdiction to the same extent to which this State would exert jurisdiction under this chapter with respect to the residents of the other state or states and the denominator of which is the value of the decedent's gross estate.
(C) Property of a resident includes:
(1) real property situated in this State;
(2) tangible personal property having an actual situs in this State; and
(3) intangible personal property owned by the resident regardless of where it is located.
HISTORY: 1987 Act No. 70, Section 1; 1988 Act No. 463, Section 3.
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.