South Carolina Code of Laws
Chapter 44 - Fee In Lieu Of Tax Simplification Act
Section 12-44-80. Distribution of fee payments.

(A) For a project not located in an industrial development park, distribution of the fee payments on the project must be made in the same manner and proportion that the millage levied for school and other purposes would be distributed if the property were taxable but without regard to exemptions otherwise available to the project pursuant to Section 12-37-220.
(B) For a project located in an industrial development park, distribution of the fee payments on the project must be made in the same manner provided for by the agreement between or among counties establishing the industrial development park.
(C) Misallocations of the distribution of the fee payments on the project pursuant to this chapter may be corrected by adjusting later distributions, but these adjustments must be made in the same fiscal year as the misallocations. To the extent that distributions have been made improperly in previous years, claims for adjustment must be made within one year of the distribution.
HISTORY: 1997 Act No. 149, Section 1; 2001 Act No. 89, Section 61A, eff July 20, 2001; 2003 Act No. 69, Section 3.AAA.1, eff January 1, 2003.

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.