South Carolina Code of Laws
Chapter 36 - South Carolina Sales And Use Tax Act
Section 12-36-1910. Definitions.

For purposes of this article:
(1) "Air-to-ground radiotelephone service" means a radio service, as that term is defined in 47 CFR 22.99, in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft.
(2) "Call-by-call basis" means any method of charging for telecommunications services in which the price is measured by individual calls.
(3) "Communications channel" means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points.
(4) "Customer" means the person or entity that contracts with the seller of telecommunications services. If the end user of telecommunications services is not the contracting party, the end user of the telecommunications service is the customer of the telecommunication service, but this provision applies only for the purpose of sourcing sales of telecommunications services pursuant to Section 12-36-1920. "Customer" does not include a reseller of telecommunications service or a mobile telecommunications service of a serving carrier under an agreement to serve the customer outside the home service provider's licensed service area.
(5) "Customer channel termination point" means the location where the customer either inputs or receives the communications.
(6) "End user" means the person who utilizes the telecommunication service. In the case of an entity, "end user" means the individual who utilizes the telecommunication service. In the case of an entity, "end user" means the individual who utilizes the service on behalf of the entity.
(7) "Home service provider" means the same as that term is defined in Section 124(5) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).
(8) "Mobile telecommunications service" means the same as that term is defined in Section 124(7) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).
(9) "Place of primary use" means the street address representative of the customer's primary use of the telecommunications service, which must be the residential street address or the primary business street address of the customer. In the case of mobile telecommunications services, "place of primary use" must be within the licensed service area of the home service provider.
(10) 'Post-paid calling service" means the telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism like a bank card, travel card, credit card, or debit card, or by charge made to a telephone number which is not associated with the origination or termination of the telecommunications. A post-paid calling service includes a telecommunications service that would be a prepaid calling service except it is not exclusively a telecommunication service.
(11) "Prepaid calling service" means the right to access exclusively telecommunications services, which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars, of which the number declines with use in a known amount.
(12) "Private communication service" means a telecommunication service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which the channel or channels are connected, and includes switching capacity, extension lines, stations, and other associated services provided in connection with the use of the channel or channels.
(13) "Service address" means:
(a) the location of the telecommunications equipment to which a customer's call is charged and from which the call originates or terminates, regardless of where the call is billed or paid;
(b) if the location in item (a) is not known, service address means the origination point of the signal of the telecommunications services first identified by either the seller's telecommunications system or in information received by the seller from its service provider, where the system used to transport the signals is not that of the seller;
(c) if the location in item (a) and item (b) is not known, the service address means the location of the customer's place of primary use.
HISTORY: 2005 Act No. 161, Section 30.A, eff on the first full calendar day of the third month after approval (became law without the Governor's signature on June 9, 2005).

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 12 - Taxation

Chapter 36 - South Carolina Sales And Use Tax Act

Section 12-36-5. Short title.

Section 12-36-10. Effect of definitions.

Section 12-36-20. "Business".

Section 12-36-30. "Person".

Section 12-36-40. "Taxpayer".

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 12-36-75. Persons contracting with state commercial printer not subject to state income or sales and use taxes; conditions.

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 12-36-550. Duration of license's validity; display of license; license not transferable or assignable.

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 12-36-910. Five percent tax on tangible personal property; laundry services, electricity, communication services, and manufacturer-consumed goods.

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 12-36-1110. Additional sales, use and casual excise tax imposed on certain items; exceptions.

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 12-36-1350. Time of collection of tax by retail seller; refunding or absorption of tax by seller prohibited; tax collected constitutes debt to state.

Section 12-36-1360. Filing use tax return; payment of tax directly to State.

Section 12-36-1370. Presumption of applicability of tax.

Section 12-36-1710. Excise tax on casual sales of motor vehicles, motorcycles, boats, motors, and airplanes; exclusions; payment of tax as prerequisite to titling, licensing, or registration.

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 12-36-2110. Maximum tax on sale or lease of certain items; calculation of tax on manufactured homes; maximum tax on purchase of certain property by religious organizations; maximum tax on sale or use of machinery for research and development.

Section 12-36-2120. Exemptions from sales tax.

Section 12-36-2130. Exemptions from use tax.

Section 12-36-2140. Exemptions; distribution facility.

Section 12-36-2510. Certificates allowing taxpayer to purchase tangible personal property tax free and be liable for taxes; procedures when claiming exemption.

Section 12-36-2520. Tax liability when property delivered out of state; violations.

Section 12-36-2530. Documentation of entitlement to tax exemption for goods to be delivered out of state; tax on property delivered in state for removal from state by purchaser.

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 12-36-2590. Department authorized to require returns and payment for other than monthly periods.

Section 12-36-2610. Discount for timely payment of tax.

Section 12-36-2620. Sales and use taxes composed of two components.

Section 12-36-2630. Seven percent sales tax on accommodations for transients composed of three components.

Section 12-36-2640. Casual excise tax composed of two components.

Section 12-36-2645. Taxes applicable to proceeds of 900/976 telephone service; tax rate; disposition of revenues.

Section 12-36-2646. Retailers to post notice of tax exclusion available to individuals 85 years of age or over; penalties.

Section 12-36-2647. Repealed.

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 12-36-2690. Role of distribution facility in determining physical presence in state for sales and use tax purposes.

Section 12-36-2691. Distribution facility nexus; criteria for and duration of provisions; use tax notification and payment.

Section 12-36-2692. Notification required.

Section 12-36-2695. Sales taxes or admission taxes; boundary clarification.