(A) Returns filed by taxpayers with the department must be signed by the following:
(1) corporate returns by an authorized officer of the corporation;
(2) partnership returns by its manager or an authorized general partner of the partnership;
(3) trust and estate returns by the trustee, personal representative, executor, or administrator, whichever is applicable;
(4)(a) except as provided in subitems (b) and (c), individual returns must be signed by the individual;
(b) deceased individual returns for individuals who would have been required to file a state tax return while living by the personal representative, administrator, or executor of the decedent's estate and the tax must be levied upon and collected from the estate;
(c) if an individual is unable to make a return or payment, including an estimated tax payment, it must be made by an authorized agent, a guardian, or other person charged with the conduct of the business of the taxpayer;
(5) returns for any other person by an authorized officer or owner.
(B) In the instructions to a return, or otherwise, the department may authorize taxpayers to sign returns by other means, including electronically, and may authorize the signature to be filed or deposited with and be kept or forwarded by a third party. To the extent that a tax return preparer, as that term is defined in Internal Revenue Code Section 7701(a)(36), is required or permitted to sign a return, the department in the instructions to a return, or otherwise, may authorize the tax return preparer to sign the return by other means, including electronically.
HISTORY: 1996 Act No. 431, Section 1; 1997 Act No. 114, Section 5; 2000 Act No. 399, Section 3(D)(1), eff August 17, 2000; 2005 Act No. 161, Section 1, eff June 9, 2005.
Editor's Note
2000 Act No. 399, Section 3.Z., provides, in pertinent part, as follows:
"This section takes effect upon approval by the Governor, or as otherwise stated, except that ... subsection D. applies to taxable years beginning after December 31, 2000 ...."
Structure South Carolina Code of Laws
Chapter 2 - General Provisions
Section 12-2-10. "Department" defined.
Section 12-2-15. "Department of Revenue and Taxation" to mean "Department of Revenue".
Section 12-2-20. "Person" and "Individual" defined.
Section 12-2-30. Repealed or amended act or code section remaining in force for limited purposes.
Section 12-2-50. Governmental bonds, notes, and certificates of indebtedness tax exempt.
Section 12-2-75. Signatories to tax returns.
Section 12-2-90. Fee-in-lieu of tax; collection and enforcement.
Section 12-2-100. Tax credits; timeframe for use; refunds; allocation of credits.
Section 12-2-115. New jobs or investments not created; boundary clarification.
Section 12-2-120. Tax liability or refunds; boundary clarification.
Section 12-2-130. Authority to compromise taxes; boundary clarification.
Section 12-2-140. Federal tax information; background checks.