(A) There is allowed as a tax credit against the income tax liability of a taxpayer imposed by this chapter an amount equal to twenty-five percent of the costs incurred by the taxpayer in the purchase and installation of a solar energy system, small hydropower system, or geothermal machinery and equipment for heating water, space heating, air cooling, energy-efficient daylighting, heat reclamation, energy-efficient demand response, or the generation of electricity in or on a facility in South Carolina and owned by the taxpayer. The tax credit allowed by this section must not be claimed before the completion of the installation. The amount of the credit in any year may not exceed three thousand five hundred dollars for each facility or fifty percent of the taxpayer's tax liability for that taxable year, whichever is less. If the amount of the credit exceeds three thousand five hundred dollars for each facility, the taxpayer may carry forward the excess for up to ten years.
(B) "System" includes all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the solar energy system. The term "system" does not include any land or structural elements of the building such as walls and roofs or other equipment ordinarily contained in the structure. A credit may not be allowed for a solar system unless the system is certified for performance by the nonprofit Solar Rating and Certification Corporation or a comparable entity endorsed by the State Energy Office.
(C) For purposes of this section, "small hydropower system" means new generation capacity on a nonimpoundment or on an existing impoundment that:
(1) meets licensing standards as defined by the Federal Energy Regulatory Commission (FERC);
(2) is a run-of-the-river facility with a capacity not to exceed 5MW; or
(3) consists of a turbine in a pipeline or in an irrigation canal.
(D) For purposes of this section, "geothermal machinery and equipment" means machinery and equipment for use at the taxpayer's residence that either:
(1) is a heat pump that uses the ground or groundwater as a thermal energy source to heat a structure or as a thermal energy sink to cool a structure; or
(2) uses the internal heat of the earth as a substitute for traditional energy for water heating or active space heating or cooling; and
(3) on the date of installation, meets or exceeds applicable federal Energy Star requirements.
HISTORY: 2006 Act No. 386, Section 37.A, eff June 14, 2006 applicable to installation costs incurred in taxable years beginning on or after January 1, 2006; 2007 Act No. 83, Section 13, eff June 19, 2007; 2007 Act No. 110, Section 17.A, eff June 21, 2007, applicable to installation costs incurred after December 31, 2005; 2007 Act No. 116, Section 23.A, eff June 28, 2007, applicable to installation costs incurred after December 31, 2005; 2008 Act No. 354, Section 3, eff July 1, 2009; 2016 Act No. 134 (H.3874), Section 2.A, eff February 16, 2016; 2019 Act No. 47 (S.329), Section 2, eff May 16, 2019.
Editor's Note
2016 Act No. 134, Section 2.B, as amended by 2019 Act No. 47, Section 1, and 2021 Act No. 53, Section 1, provides as follows:
"B. The provisions contained in this section related to geothermal machinery and equipment are repealed January 1, 2032."
2019 Act No. 47, Section 2, provides as follows:
"SECTION 2. This act takes effect upon approval by the Governor and applies to tax years beginning after 2018. The provisions of Section 12-6-3587, as they existed on December 31, 2018, are re-enacted, and the tax credits earned pursuant to this act shall be earned and claimed under the same terms and conditions as they existed on December 31, 2018. This act shall continue to apply until such time as Section 12-6-3587, or parts thereof, are otherwise repealed, mutatis mutandis."
Effect of Amendment
2016 Act No. 134, Section 2.A, in (A), inserted ", geothermal machinery and equipment", and made nonsubstantive changes; and added (D).
Structure South Carolina Code of Laws
Chapter 6 - South Carolina Income Tax Act
Section 12-6-20. Administration and enforcement of chapter.
Section 12-6-40. Application of federal Internal Revenue Code to State tax laws.
Section 12-6-50. Internal Revenue Code sections specifically not adopted by State.
Section 12-6-510. Tax rates for individuals, estates, and trusts for taxable years after 1994.
Section 12-6-515. State individual income tax bracket reduction.
Section 12-6-520. Annual adjustments to individual state income tax brackets; inflation adjustments.
Section 12-6-530. Corporate income tax.
Section 12-6-535. Small business trust taxed at highest rate.
Section 12-6-540. Income tax rates for exempt organizations and cooperatives.
Section 12-6-550. Corporations exempt from taxes imposed by Sections 12-6-530 and 12-6-540.
Section 12-6-560. Computation of resident individual's gross, adjusted gross, and taxable income.
Section 12-6-580. Computation of corporation's gross and taxable income.
Section 12-6-590. Treatment of "S" corporations for tax purposes; shareholders.
Section 12-6-600. Taxation of partnerships.
Section 12-6-610. Computation of gross and taxable income of resident estate or trust.
Section 12-6-630. Taxation of entities not specified or excluded.
Section 12-6-640. Use of monies appropriated to Commissioners of Pilotage.
Section 12-6-1120. Gross income; computation; modifications.
Section 12-6-1130. Taxable income; computation; modifications.
Section 12-6-1140. Deductions from individual taxable income.
Section 12-6-1160. Dependent deduction for resident individual.
Section 12-6-1171. Military retirement income deduction; definitions; surviving spouse.
Section 12-6-1175. Wages paid to unauthorized alien; business expense deduction disallowed.
Section 12-6-1220. Individual Development Account.
Section 12-6-1610. Definitions.
Section 12-6-1630. Taxation of distributions or at death of account owner.
Section 12-6-1710. Taxation of part-year resident.
Section 12-6-2230. Allocation of income not allocated under Section 12-6-2220.
Section 12-6-2240. Apportionment of all income remaining after allocation.
Section 12-6-2252. Allocation and apportionment of business income.
Section 12-6-2280. Sales factor; definitions.
Section 12-6-2295. Items included and excluded from terms "sales" and "gross receipts".
Section 12-6-2850. Definitions.
Section 12-6-3360. Job tax credit.
Section 12-6-3362. Small business jobs tax credit; alternate method.
Section 12-6-3376. Income tax credit for plug-in hybrid vehicle.
Section 12-6-3377. Hybrid, fuel cell, alternative fuel or lean burn motor vehicle tax credit.
Section 12-6-3378. Tax credits for certain agribusinesses and service-related facilities.
Section 12-6-3380. Tax credit for child and dependent care expenses.
Section 12-6-3381. Premarital preparation course tax credit; form.
Section 12-6-3385. Income tax credit for tuition; definitions.
Section 12-6-3400. Credit for income tax paid by South Carolina resident to another state.
Section 12-6-3410. Corporate income tax credit for corporate headquarters.
Section 12-6-3415. Tax credit for research and development expenditures.
Section 12-6-3420. Tax credit for construction or improvement of infrastructure project.
Section 12-6-3440. Tax credit for employee child care programs.
Section 12-6-3460. Definitions.
Section 12-6-3465. Recycling facility tax credits.
Section 12-6-3470. Employer tax credit.
Section 12-6-3477. Apprentice income tax credit.
Section 12-6-3480. Tax credits.
Section 12-6-3500. Retirement plan credits.
Section 12-6-3530. Community development tax credits.
Section 12-6-3550. Voluntary cleanup activity tax credit; eligibility requirements.
Section 12-6-3570. Motion picture related income tax credit claims.
Section 12-6-3575. Health insurance tax credits.
Section 12-6-3582. Income tax credits; agricultural use of anhydrous ammonia.
Section 12-6-3585. Industry Partnership Fund tax credit.
Section 12-6-3589. Tax credit for effluent toxicity testing.
Section 12-6-3590. Credit for milk producer; promulgation of regulations.
Section 12-6-3600. Credit for ethanol and biodiesel facilities.
Section 12-6-3610. Credit for property used for distribution or dispensing renewable fuel.
Section 12-6-3620. Purchase and installation of equipment to produce energy from biomass resources.
Section 12-6-3622. Fire sprinkler system tax credits.
Section 12-6-3630. Income tax credits; hydrogen research contributions.
Section 12-6-3631. Biodiesel expenditures tax credit.
Section 12-6-3632. Earned income tax credit.
Section 12-6-3660. Tax credit for costs of retrofitting to make residence more hurricane resistant.
Section 12-6-3670. Credit for excess premium paid for property and casualty insurance.
Section 12-6-3695. Alternative fuel property income tax credit.
Section 12-6-3750. Nonrefundable tax credit for processing donated deer for charitable distribution.
Section 12-6-3775. Solar energy tax credits.
Section 12-6-3780. Credit for preventative maintenance.
Section 12-6-3790. Educational Credit for Exceptional Needs Children's Fund.
Section 12-6-3795. South Carolina housing tax credit.
Section 12-6-3800. Income tax credit for service as a preceptor.
Section 12-6-3920. Extension for filing and paying estimated taxes.
Section 12-6-4410. Taxable years.
Section 12-6-4420. Method of accounting.
Section 12-6-4430. "S" corporation elections.
Section 12-6-4910. Persons, corporations, and other entities required to make tax returns.
Section 12-6-4920. Interstate motor carrier required to file return.
Section 12-6-4930. Tax return of estate or trust; by whom to be made.
Section 12-6-4940. Trust institutions maintaining common trust fund must make tax return; contents.
Section 12-6-4950. Information returns.
Section 12-6-4970. Time to file returns.
Section 12-6-4980. Extension of time for filing return.
Section 12-6-5010. Release of claim to personal exemption by custodial parent.
Section 12-6-5030. Composite returns for partnership or "S" corporation.
Section 12-6-5050. Tax preparer's taxpayer identification number.
Section 12-6-5095. Rounding to nearest whole dollar on tax returns.
Section 12-6-5510. Certificate of compliance as prima facie evidence.
Section 12-6-5540. Copies of returns; verification of information on returns.
Section 12-6-5550. State income tax refund as belonging to surviving spouse.
Section 12-6-5570. Authority to make expenditures.
Section 12-6-5580. Failure to do an act deemed committed in person's county of residence.
Section 12-6-5590. Donative intent; requirements; determining factors.
Section 12-6-5595. Timber deeds as real property conveyances.
Section 12-6-5600. Residency of individuals and businesses; boundary clarification.