South Carolina Code of Laws
Chapter 45 - County Treasurers And Collection Of Taxes
Section 12-45-75. Installment payments of property tax.

(A)(1) The governing body of a county may by ordinance allow each taxpayer owning a parcel of taxable real property within the county the option to pay property taxes in installments as provided in this section. An installment election is not allowed for taxes paid through an escrow account.
(2) A taxpayer electing to pay ad valorem taxes in installments or electing to opt out of paying in installments, must notify the county treasurer in writing no later than January fifteenth of the tax year for which the installment payments are applicable, and no earlier than December first of the preceding tax year. If the treasurer does not receive written notification from December first to January fifteenth, the taxpayer must pay ad valorem taxes in the same manner as the previous taxable year.
(3) The treasurer must notify the county auditor and county assessor of each taxpayer electing the installment payment option or electing to opt out of paying in installments. If the county assessor determines the property has diminished in value, an estimated property tax obligation must be adjusted to reflect the reduced value. Upon being notified of an adjustment for reduced value from the assessor, the county treasurer must notify the property owner of the adjusted estimated property tax obligation.
(B)(1) An installment payment is based on the total property tax due for the previous property tax year, after applying all applicable credits and adjustments reflecting reduced value as determined by the county assessor. An amount equal to sixteen and two-thirds percent of the estimated property tax obligation must be paid to the county treasurer in each of five installments according to the following schedule:
In the case of the following estimates, the due date is on or before: First February 15 Second April 15 Third June 15 Fourth August 15 Fifth October 15
The remaining balance is due on or before January fifteenth of the following taxable year in accordance with Section 12-45-70. The treasurer must notify the county auditor of the amount of a property owner's payments received no earlier than October fifteenth and no later than November fifteenth. A notice of the remaining tax due and other authorized charges and information must then be prepared and mailed to the property owner.
(2) As an alternative to the scheduling provided for in item (1), the authorizing ordinance may provide the treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in a county with the discretion in the scheduling and collection of installment payments from taxpayers as well as in the application process provided for in subsection (A)(2).
(C) If a taxpayer electing to pay in installments does not timely make each payment pursuant to the schedule in subsection (B), the county may refuse to accept all other installment payments. If the county refuses to accept other installment payments, the remaining balance is due in accordance with Section 12-45-70.
(D) Estimated property taxes paid in installments during a property tax year are a credit against the total property tax due on the real property for the property tax year. The estimated property taxes paid in installments during a property tax year must be deposited by the county treasurer in an interest bearing account. The interest is to be retained by the treasurer to offset the administrative expenses of installment payments. Once final payment is made, and no later than January fifteenth of the following taxable year, the installment payments must be credited to the accounts of property taxing entities in the county in the same proportion that millage was imposed by such entities in the previous tax year with the necessary adjustments made to reflect current tax year millage impositions when property taxes for the current year are paid.
(E) If the credit allowed for estimated property tax paid during the property tax year results in an overpayment of property tax, the overpayment must be refunded to the taxpayer together with the actual interest earned by the county treasurer, running from the later of the due date of the installment resulting in the overpayment, without regard to additional amounts paid, or the actual date the overpayment was received by the county treasurer, to the date the refund is issued. Except that if the overpayment is issued to the taxpayer within forty-five days of the installment payment that resulted in the overpayment, the treasurer may retain the interest earned.
(F) Every tax notice for real property, for which the installment payment option has been elected, must contain a calculation of any estimated property tax due and a payment schedule and return envelopes for these payments.
(G) The payment of estimated property tax as provided in this section and the credit allowed arising from these payments in no way alters the due date, penalty schedule, and enforced collection of property taxes as provided by law.
HISTORY: 1994 Act No. 443, Section 1; 1995 Act No. 145, Part II, Section 119D; 2005 Act No. 136, Section 1, eff June 7, 2005; 2006 Act No. 388, Pt V, Section 3.A, eff June 10, 2006; 2021 Act No. 69 (H.3482), Section 1, eff May 17, 2021.

Editor's Note
2006 Act No. 388, Pt V Section 3.B, provides as follows:
"Each county treasurer shall report to the General Assembly on the impact and implementation of the provisions of this section no later than sixty days after January 15, 2009. The report shall include, but is not limited to, the costs incurred, the interest retained, and the number of individuals electing to pay ad valorem taxes in installments."
Effect of Amendment
2021 Act No. 69, Section 1, in (B), inserted the (1) designator, and added (2).

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 12 - Taxation

Chapter 45 - County Treasurers And Collection Of Taxes

Section 12-45-10. Repealed.

Section 12-45-15. County treasurers; continuing education requirements.

Section 12-45-17. County tax collector education requirements.

Section 12-45-20. Term of office; failure to complete term.

Section 12-45-30. Suspension and removal from office.

Section 12-45-35. Deputy treasurer.

Section 12-45-40. Publication of notice of certain tax rates.

Section 12-45-60. Only taxes on duplicates or ordered by auditor shall be collected.

Section 12-45-70. Time for paying taxes; manner of collection; receipts for payment; delegation of collection of taxes.

Section 12-45-75. Installment payments of property tax.

Section 12-45-78. Refund of overpayments.

Section 12-45-80. County treasurer may attend at convenient places to collect tax.

Section 12-45-90. Media of payment.

Section 12-45-115. Institution of collection proceedings when check for payment of taxes or fees is returned unpaid.

Section 12-45-120. Procedure in case of delinquent personal tax where taxpayer resides or has property in another county.

Section 12-45-140. Apportionment of taxes and costs in case of transfer subsequent to assessment.

Section 12-45-150. Apportionment, prior to sale under tax execution, in case of mortgaged property.

Section 12-45-160. Procedure in apportionment cases.

Section 12-45-170. Apportionment applies to municipal taxes.

Section 12-45-180. Penalties on delinquent taxes; collection; execution.

Section 12-45-185. Waiver of penalties.

Section 12-45-220. Investments by county treasurers.

Section 12-45-260. Monthly report to county supervisor.

Section 12-45-280. Monthly report to county superintendent of education; books shall be open to public; violations.

Section 12-45-300. Delinquent list; entry information; charge to treasurer.

Section 12-45-390. Procedure for levy, collection and distribution of property taxes in territory annexed by one county from another.

Section 12-45-400. Delegation of duty to seize property of defaulting taxpayer.

Section 12-45-410. Application of payments by delinquent taxpayers.

Section 12-45-420. Waiver, dismissal or reduction of penalty based on error by county.

Section 12-45-430. Issuance of tax receipt; conditions; acceptance of lesser amount.