South Carolina Code of Laws
Chapter 44 - Fee In Lieu Of Tax Simplification Act
Section 12-44-110. Property previously subject to state property taxes not qualified to be economic development property; exceptions.

Property which previously has been subject to property taxes in South Carolina does not qualify as economic development property, except that:
(1) land, excluding existing improvements on the land, on which a new project is to be located may qualify as economic development property even if it previously has been subject to property taxes in this State;
(2) property which has been subject to property taxes in this State, but which has never been placed in service in this State, or which was placed in service in this State pursuant to an inducement agreement or other preliminary approval by the county prior to execution of the fee agreement pursuant to Section 12-44-40(E), may qualify as economic development property;
(3) property which previously has been placed in service in this State and previously has been subject to property taxes in this State which is purchased in a transaction other than between any of the entities specified in Section 267(b) of the Internal Revenue Code, as defined under Chapter 6, Title 12 as of the time of the transfer, may qualify as economic development property if the sponsor invests at least an additional forty-five million dollars at the project;
(4) repairs, alterations, or modifications to real or personal property, which is not economic development property, are not eligible to be economic development property, even if they are capitalized expenditures, except for modifications which constitute an expansion to existing real property improvements.
HISTORY: 1997 Act No. 149, Section 1; 2003 Act No. 69, Section 3.AAA.1, eff January 10, 2003; 2010 Act No. 290, Section 11, eff January 1, 2011.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 12 - Taxation

Chapter 44 - Fee In Lieu Of Tax Simplification Act

Section 12-44-10. Short title.

Section 12-44-20. Legislative findings.

Section 12-44-30. Definitions.

Section 12-44-40. Fee agreement; economic development property to be exempt from ad valorem taxation; exemption period; inducement resolution; location of exempt property; criteria to qualify as economic development property.

Section 12-44-50. Contents of fee agreement; disposal of economic development property; reduction of fee.

Section 12-44-55. Agreements; content requirements.

Section 12-44-60. Replacement property; qualifications and conditions.

Section 12-44-70. Use of revenues.

Section 12-44-80. Distribution of fee payments.

Section 12-44-90. Filing of returns, contracts, and other information; due date of payments and returns.

Section 12-44-100. Sponsor committed to enhanced investment to continue to benefit from this chapter despite failure to make required investment where minimum investment met; assessment ratio.

Section 12-44-110. Property previously subject to state property taxes not qualified to be economic development property; exceptions.

Section 12-44-120. Transfers of interest in fee agreement and economic development property; sale-leaseback arrangement; requirements.

Section 12-44-130. Minimum investment to qualify for fee; notice to department of all sponsors or sponsor affiliates with investments subject to fee.

Section 12-44-140. Termination of fee agreement; automatic termination; minimum level of investment required to remain qualified for fee.

Section 12-44-150. Projects to be taxable property at level of negotiated payments for purposes of bonded indebtedness and for computing index of taxpaying ability.

Section 12-44-160. Transfer of title; qualification for a fee in lieu of taxes.

Section 12-44-170. Economic development property; transfer of property to fee arrangement provided for by this chapter.