(A)(1) If a person liable to pay a tax neglects or refuses to pay it after demand, the amount of the tax, including interest, additional tax, addition to tax, or assessable penalty, plus accrued costs, is a lien in favor of the Department of Revenue on all property and rights to property, real or personal, tangible or intangible, belonging to the person.
(2) This lien:
(a) is referred to as a "tax lien";
(b) is effective on the date of the assessment of the tax;
(c) allows an authorized agent of the department to seize, levy on, and sell the property of the person for the payment of the amount due, with added penalties, interest, and costs of executing on the lien, and to pay the money collected to the department;
(d) extends to bank deposits, choses in action, and all other property incapable of manual levy or delivery; and
(e) continues for ten years from the date of filing.
(3) "Demand", as used in this section, means an assessment by the department.
(B) This tax lien and the limitations in Section 12-54-122 are in addition to all other liens or remedies in favor of the department and does not affect any other lien or remedy.
(C) The department, in addition to other remedies for enforcement of its tax lien, retains all remedies available to a judgment creditor.
HISTORY: 1985 Act No. 201, Part II, Section 32A; 1988 Act No. 456; 1991 Act No. 168, Section 6; 1995 Act No. 76, Section 14; 1998 Act No. 345, Section 1.
Code Commissioner's Note
1997 Act No. 34, Section 1, directed the Code Commissioner to change all references to "Register of Mesne Conveyances" to "Register of Deeds" wherever appearing in the 1976 Code of Laws.
Structure South Carolina Code of Laws
Section 12-54-10. Definitions.
Section 12-54-17. Action by Attorney General to recover taxes, penalties, and interest.
Section 12-54-25. Interest due on late taxes; applicable interest rate.
Section 12-54-46. Exemption certificate violations; penalties; exception.
Section 12-54-50. Penalty for checks returned to department on account of insufficient funds.
Section 12-54-55. Interest on underpayment of declaration of estimated tax.
Section 12-54-75. Electronic collection of revenues.
Section 12-54-85. Time limitation for assessment of taxes or fees; exceptions.
Section 12-54-87. Timely filing discount.
Section 12-54-90. Revocation of license to do business for failure to comply with law.
Section 12-54-100. Authority of department to conduct examination or investigation.
Section 12-54-123. Surrender of property upon which levy has been made; liability to taxpayer.
Section 12-54-125. Withdrawal of warrants of distraint.
Section 12-54-126. Return of licenses.
Section 12-54-138. Recovery of duplicate refund.
Section 12-54-155. Substantial underpayment of tax or substantial valuation misstatement.
Section 12-54-160. Waiver, dismissal or reduction of penalties.
Section 12-54-170. Deposit and distribution of funds collected as penalties and interest.
Section 12-54-180. Manner of collection of penalties and interest.
Section 12-54-190. Precedence of this chapter over other statutes.
Section 12-54-195. Penalty if responsible person fails to remit sales tax to Department of Revenue.
Section 12-54-196. Collection of excessive tax by retailer; refunds; penalty; defenses.
Section 12-54-200. Requirement of bond securing payment of taxes, penalties, and interest.
Section 12-54-227. Out-of-state collections.
Section 12-54-230. Access to Employer's Quarterly Report.
Section 12-54-260. Setoff for delinquent taxes.
Section 12-54-265. Information on debtor named in warrant for distraint.
Section 12-54-270. Returned refund check as unclaimed property.