(A) A property taxpayer may object to a personal property tax assessment or a denial of a homestead exemption made by the county auditor by requesting, in writing, to meet with the auditor at any time on or before the later of:
(1) thirty days after the tax notice is mailed; or
(2) last day the tax levied upon the assessment may be timely paid.
(B) Within thirty days of the request for a meeting, or as soon thereafter as practical, the auditor shall schedule a conference with the taxpayer. If the matter is not resolved at the conference, the auditor shall advise the taxpayer of the right to protest and provide the taxpayer a form on which to file the protest. The taxpayer shall file with the auditor a written protest within thirty days after the date of the conference. The protest shall contain:
(1) the name, address, and phone number of the taxpayer;
(2) a copy of the tax notice or a description of the property including the receipt number of the tax notice;
(3) a statement of facts supporting the taxpayer's position;
(4) a statement outlining the reasons for the appeal, including any law or other authority upon which the taxpayer relies; and
(5) the value which the taxpayer considers the fair market value of the property.
The taxpayer may use the form provided by the auditor but is not required to use this form.
(C) The auditor shall respond to the written protest and the response must:
(1) be in writing;
(2) be mailed to the taxpayer by first class mail within thirty days of receipt of the taxpayer's protest or as soon thereafter as practical;
(3) if applicable, include a statement of the initial personal property tax assessment and the redetermined personal property tax assessment, including the recalculated fair market value;
(4) state that a recalculated personal property tax assessment will be made, or the auditor's decision on the homestead exemption will become final, if the taxpayer does not request a contested case hearing before the Administrative Law Court; and
(5) inform the taxpayer of his right to request a contested case hearing before the Administrative Law Court.
(D) The auditor may amend, modify, or rescind any property tax assessment, except claims relating to property tax exemptions, other than the homestead exemption.
(E) Each protest and each response must be filed and maintained at the office of the auditor for four years, and must be made available for examination and copying by any property taxpayer at the taxpayer's expense pursuant to Chapter 4, Title 30, the Freedom of Information Act.
HISTORY: 1995 Act No. 60, Section 4A; 1996 Act No. 431, Section 29; 1998 Act No. 442, Section 4F.
Structure South Carolina Code of Laws
Chapter 60 - South Carolina Revenue Procedures Act
Section 12-60-10. Short title.
Section 12-60-20. Legislative intent.
Section 12-60-30. Definitions.
Section 12-60-40. Taxpayers' rights; waiver; time limitations suspended during stay.
Section 12-60-50. End of period falls on Saturday, Sunday, or legal holiday; legal holiday defined.
Section 12-60-60. Court, administrative law judge, or hearing officer cannot stay tax collections.
Section 12-60-70. Writ of mandamus.
Section 12-60-80. Wrongful collection of taxes; declaratory judgment; class action prohibited.
Section 12-60-90. Administrative tax process.
Section 12-60-440. Deficiency assessment restrictions.
Section 12-60-450. Appeal of proposed assessment; contents of written protest.
Section 12-60-460. Taxpayers' hearing; time limitation for requesting hearing.
Section 12-60-470. Taxpayers' refund claim; time for filing; contents.
Section 12-60-490. Application of refund to other taxes due.
Section 12-60-500. Tax refund; preference to other claims against state treasury.
Section 12-60-520. Designation as small claims case; no precedential value.
Section 12-60-910. Jeopardy assessment; notice.
Section 12-60-1320. Exhaustion of prehearing remedies; request for hearing; time limitation.
Section 12-60-1340. Emergency revocation order.
Section 12-60-1350. Applicability of chapter.
Section 12-60-1710. Appeal procedures for real or personal property tax assessments.
Section 12-60-1720. Department to prescribe regulations, rules, procedures, forms and instructions.
Section 12-60-1740. Tax refunds; preference over other claims.
Section 12-60-1750. Refund of property taxes; exceptions.
Section 12-60-1755. Crediting of erroneous property tax payments.
Section 12-60-1760. Action pending against county officer.
Section 12-60-1770. Small claims case.
Section 12-60-2110. Property tax assessment protest; time for filing.
Section 12-60-2120. Property taxpayer appeal by written protest; contents.
Section 12-60-2130. Taxpayer or local governing body may request contested case hearing.
Section 12-60-2150. Filing claim for a refund; contents.
Section 12-60-2510. Property tax assessment notice; contents; written notice of objection.
Section 12-60-2530. County board of assessment appeals.
Section 12-60-2540. Contested case hearing; time for requesting following board's decision.
Section 12-60-2545. Agricultural use appeals; attorney's fees.
Section 12-60-2560. Filing claim for refund; contents.
Section 12-60-2920. Contested case hearing following county auditor's response.
Section 12-60-2930. Payment or refund following final review of protest.
Section 12-60-3310. Requesting contested case hearing.
Section 12-60-3312. Contested hearings open to public.
Section 12-60-3320. Stipulation of facts and issues in contested cases.
Section 12-60-3340. Contested case hearings; rules.
Section 12-60-3350. Costs or disbursements are not allowed; exceptions.
Section 12-60-3360. Decisions by the Administrative Law Court available to public.
Section 12-60-3370. Bond required prior to appeal to court of appeals.
Section 12-60-3380. Appeal of decision to court of appeals.
Section 12-60-3390. Dismissal of action covered by chapter brought in circuit court.