In the case of an underpayment of declaration of estimated tax by an individual, estate, trust, or corporate taxpayer, instead of all other penalties provided by law, there must be added to the tax for the taxable year a penalty to be determined as follows:
(1) in the case of an individual taxpayer, estate, or trust in the same manner as prescribed by the provisions of Internal Revenue Code Section 6654 and applicable regulations except that the small amount provisions are one hundred dollars. No interest or penalty is due under this item for underpayments attributable to personal service income earned in another state on which income tax due the other state was withheld;
(2) in the case of a corporate taxpayer, in the same manner as prescribed by the provisions of Internal Revenue Code Section 6655 and applicable regulations, except that the small amount provisions are one hundred dollars.
HISTORY: 1987 Act No. 170, Part II, Section 25 O(2); 1990 Act No. 612, Part II Section 38; 1995 Act No. 76, Section 13; 1998 Act No. 432, Section 14; 2002 Act No. 334, Section 8D, eff June 24, 2002; 2002 Act No. 363, Section 1E, eff August 2, 2002; 2005 Act No. 161, Section 10, eff June 9, 2005.
Editor's Note
2002 Act No. 334, Section 8.E and 2002 Act No. 363, Section 1.F provide as follows:
"This section takes effect upon approval by the Governor and applies for estimated taxes due after 2002."
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.