(A) Subject to the provisions of subsection (B), for taxable years beginning after 1994, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
Not over $2,220 2.5 percent of taxable income; Over $2,220 but not over $4,440 $56 plus 3 percent of the excess over $2,220; Over $4,440 but not over $6,660 $123 plus 4 percent of the excess over $4,440; Over $6,660 but not over $8,880 $212 plus 5 percent of the excess of $6,660; Over $8,880 but not over $11,100 $323 plus 6 percent of the excess over $8,880; Over $11,100 $456 plus 7 percent of the excess over $11,100.
(B)(1) Notwithstanding subsection (A), for taxable years beginning after 2021, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
At Least But less than Compute the tax as follows $0 $3,200 0% times the amount $3,200 $16,040 3% times the amount minus $96 $16,040 or more 6% times the amount minus $577
(2) Notwithstanding the provisions of item (1), the reduction in the top marginal rate contained in this item, as compared to the same in subsection (A), must be phased-in as provided in item (3). Until the top marginal rate is fully phased-in, the bracket to which this reduced top marginal rate applies must be the same as the bracket for the top marginal rate provided in subsection (A). All reductions are permanent and cumulative. During the phase-in and after, the department shall continue to adjust the brackets as provided in Section 12-6-520. Other than the top marginal rate, no other component of this item is phased-in.
(3) For Tax Year 2022, the top marginal rate shall equal 6.5%. Beginning with Tax Year 2023, and each year thereafter until the top marginal rate equals 6%, the top marginal rate must decrease by one-tenth of one percent if general fund revenues are projected to increase by at least five percent in the fiscal year that begins during the tax year. For purposes of this subsection, beginning with the initial forecast required pursuant to Section 11-9-1130, the general fund revenues projection must be determined by the Revenue and Fiscal Affairs Office by comparing the current fiscal year's recurring general fund expenditure base with the Board of Economic Advisors' most recent projection of recurring general fund revenue for the upcoming fiscal year. Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Department of Revenue of the projected percentage adjustment. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage adjustment. However, the forecast in effect on February fifteenth of the current fiscal year is the final forecast for which the percentage adjustment is determined, and no subsequent forecast modifications may have any effect on that determination. For purposes of this section, "recurring general fund revenue" and "recurring general fund expenditure base" have the same meaning as provided in Section 6-27-30.
(C) The department may prescribe tax tables consistent with the rates set pursuant to this section.
HISTORY: 1995 Act No. 76, Section 1; 2022 Act No. 228 (S.1087), Section 2, eff June 17, 2022.
Editor's Note
2022 TAX COMPUTATION SCHEDULE If the amount on line 3 of worksheet is: Compute the tax as follows: AT LEAST- BUT LESS
THAN- -TAX OWED- $0 $3,200 0% $3,200 $16,040 3% Times the amount less $ 96 $16,040 6.5% Times the amount less $658
2022 Act No. 228, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Comprehensive Tax Cut Act of 2022'."
Effect of Amendment
2022 Act No. 228, Section 2, in (A), substituted "Subject to the provisions of subsection (B)," for "For"; inserted (B) and redesignated former (B) as (C); and in (C), substituted "this section" for "subsection (A)".
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.