(A) "Storage" includes any keeping or retaining in this State, for any purpose except sale in the regular course of business or subsequent use solely outside this State, of tangible personal property purchased at retail.
(B) "Use" includes the exercise of any right or power over tangible personal property incident to the ownership of that property, or by any transaction in which possession is given; but it does not include the sale of that property in the regular course of business.
(C) "Storage" and "use" do not include the keeping, retaining, or exercising of any right or power over tangible personal property:
(1) for the exclusive purpose of subsequently transporting it outside the State for first use;
(2) for the purpose of first being manufactured, processed, or compounded into other tangible personal property to be transported and used solely outside the State; or
(3) for the purpose of being distributed as (i) cooperative direct mail promotional advertising materials, or (ii) promotional maps, brochures, pamphlets, or discount coupons by nonprofit chambers of commerce or convention and visitor bureaus who are exempt from income taxation pursuant to Internal Revenue Code Section 501(c) by means of interstate carrier, a mailing house, or a United States Post Office to residents of this State from locations both inside and outside the State. For purposes of this item, "cooperative direct mail promotional advertising materials" means discount coupons, advertising leaflets, and similar printed advertising, including any accompanying envelopes and labels which are distributed with promotional advertising materials of more than one business in a single package to potential customers, at no charge to the potential customer, of the businesses paying for the delivery of the material.
HISTORY: 1990 Act No. 612, Part II, Section 74A; 2000 Act No. 387, Part II, Section 63A, eff June 1, 2001; 2005 Act No. 145, Section 1.A, eff June 7, 2005.
Editor's Note
2005 Act No. 145, Section 1.C, provides as follows:
"This section takes effect for tax years beginning after 2005, but does not authorize or permit refunds of taxes paid."
Structure South Carolina Code of Laws
Chapter 36 - South Carolina Sales And Use Tax Act
Section 12-36-10. Effect of definitions.
Section 12-36-50. "In this State" or "in the State".
Section 12-36-60. "Tangible personal property".
Section 12-36-70. "Retailer" and "seller".
Section 12-36-71. "Marketplace facilitator".
Section 12-36-80. "Retailer maintaining a place of business in this State".
Section 12-36-90. "Gross proceeds of sales".
Section 12-36-100. "Sale" and "purchase".
Section 12-36-110. Sale at retail; retail sale.
Section 12-36-120. "Wholesale sale" and "sale at wholesale".
Section 12-36-130. "Sales price".
Section 12-36-140. "Storage" and "use".
Section 12-36-150. "Transient construction property".
Section 12-36-510. Retail license requirements; license tax; "special events".
Section 12-36-520. Bond requirement for retailers without permanent sales location.
Section 12-36-540. License application information; separate license required for each location.
Section 12-36-560. Operation of business without license or with license suspended; penalty.
Section 12-36-570. Penalty for failure to pay license tax.
Section 12-36-920. Tax on accommodations for transients; reporting.
Section 12-36-922. Accommodations tax return information.
Section 12-36-930. Sale of motor vehicle to resident of another state.
Section 12-36-940. Amounts that may be added to sales price because of tax.
Section 12-36-950. Presumption as to gross proceeds; burden of proof; resale certificate.
Section 12-36-1120. Revenue of taxes credited to Homestead Exemption Fund.
Section 12-36-1130. Prescribing amounts added to sales price to reflect additional taxes.
Section 12-36-1310. Imposition of tax; rate; applicability; credit for tax paid in another state.
Section 12-36-1320. Tax on transient construction property.
Section 12-36-1330. Tax on storage, use, or consumption of tangible personal property.
Section 12-36-1340. Collection of tax by retailer sellers.
Section 12-36-1360. Filing use tax return; payment of tax directly to State.
Section 12-36-1370. Presumption of applicability of tax.
Section 12-36-1720. Application of tax.
Section 12-36-1730. Wilful avoidance of tax; penalty.
Section 12-36-1740. Penalty for failure to pay casual excise tax.
Section 12-36-1910. Definitions.
Section 12-36-1920. Sourcing of sale of telecommunications services.
Section 12-36-1930. Application of article.
Section 12-36-2120. Exemptions from sales tax.
Section 12-36-2130. Exemptions from use tax.
Section 12-36-2140. Exemptions; distribution facility.
Section 12-36-2520. Tax liability when property delivered out of state; violations.
Section 12-36-2540. Duty to keep records and books.
Section 12-36-2550. Use of overpayment of tax to offset underpayment or penalty.
Section 12-36-2560. Payment of tax on sales made on installment basis.
Section 12-36-2570. Time when tax payment due; monthly report.
Section 12-36-2580. Special authorization to pay tax quarterly.
Section 12-36-2610. Discount for timely payment of tax.
Section 12-36-2620. Sales and use taxes composed of two components.
Section 12-36-2640. Casual excise tax composed of two components.
Section 12-36-2650. Taxes in this chapter not to supersede any other taxes, licenses, or charges.
Section 12-36-2660. Administration and enforcement of chapter.
Section 12-36-2670. Persons permitted to administer oaths and take acknowledgments.
Section 12-36-2680. Exemption certificate; exempt sale.
Section 12-36-2692. Notification required.
Section 12-36-2695. Sales taxes or admission taxes; boundary clarification.