(A) If the department determines that filing a lien was in error, it shall mail a release to the taxpayer and the entity recording the lien as soon as possible after this determination and the receipt of lien-recording information and shall take necessary action to expunge the recording of the lien from the taxpayer's record. The release must contain a statement that the lien was filed in error. If the erroneous lien is obstructing a lawful transaction, the department shall immediately issue a release of lien to the taxpayer and the entity recording the lien.
(B) When the department releases a lien erroneously filed, notice of that fact must be mailed to the taxpayer and upon the request of the taxpayer, a copy of the release must be forwarded to the major credit reporting companies. Submission of data under this section does not constitute a violation of Section 30-2-50.
HISTORY: 1995 Act No. 76, Section 6; 2006 Act No. 386, Section 32, eff June 14, 2006.
Structure South Carolina Code of Laws
Chapter 58 - South Carolina Taxpayers' Bill Of Rights
Section 12-58-10. Short title.
Section 12-58-20. Administration of chapter.
Section 12-58-30. Taxpayers' Rights Advocate established; duties.
Section 12-58-40. Taxpayer education and information program.
Section 12-58-70. Deficiency and tax due notices; contents.
Section 12-58-80. Evaluation of department employee's performance.
Section 12-58-90. Hearings; recording; taxpayer to be informed of rights.
Section 12-58-110. Investigation or surveillance limited to department's responsibilities.
Section 12-58-120. Release of levy issued or on any property.
Section 12-58-150. Appeal procedure for modifying or releasing liens.
Section 12-58-165. Expungement of a recorded lien.
Section 12-58-180. Applicability of provisions to taxes administered by department.
Section 12-58-185. Extensions of payment periods; grounds; restrictions.