(A) Each retailer may add to the sales price as a result of the five percent state sales tax:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven through twenty cents;
(3) two cents on sales of twenty-one through forty cents;
(4) three cents on sales of forty-one through sixty cents;
(5) four cents on sales of sixty-one through eighty cents;
(6) five cents on sales of eighty-one cents through one dollar;
(7) one cent additional for each twenty cents or major fraction of it over one dollar.
(B) The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect them from the purchaser does not relieve the taxpayer from the tax levied by this article.
(C) For purposes of the state sales tax on accommodations and applicable combined state sales and local tax for counties imposing a local sales tax collected by the department on their behalf, retailers may add to the sales price an amount equal to the total state and local sales tax rate times the sales price. The amount added to the sales price may not be less than the amount added pursuant to subsection (A). In calculating the tax due, retailers may round a fraction of more than one-half of a cent to the next whole cent and a fraction of a cent of one-half or less must be eliminated. The inability, impracticability, refusal, or failure to add the tax to the sales price as allowed by this subsection and collect them from the purchaser does not relieve the taxpayer of his responsibility to pay tax.
HISTORY: 1990 Act No. 612, Part II, Section 74A; 2001 Act No. 89, Section 27, eff July 20, 2001.
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.