South Carolina Code of Laws
Chapter 8 - Income Tax Withholding
Section 12-8-1010. Withholding exemptions and exemption certificates.

(A)(1) Every employee shall furnish the employer with a signed withholding exemption certificate on or before the date employment begins indicating the number of withholding exemptions which the employee claims. A properly completed federal withholding exemption certificate is acceptable for South Carolina purposes.
(2) The number of exemptions claimed for South Carolina may not exceed the lesser of the number allowed under Internal Revenue Code Section 3402 or the number actually claimed for federal income tax withholding purposes. If an employee claims fewer exemptions for South Carolina than for federal purposes, the employee shall furnish the employer with a federal withholding exemption certificate which indicates that it is for state purposes.
(B) A withholding exemption certificate is effective upon the first payment of wages after the certificate is furnished to the employer and continues in effect until a new certificate is furnished to the employer.
(C) If an employee fails to furnish an employer with an exemption certificate as provided by this chapter, the number of withholding exemptions claimed is zero.
HISTORY: 1995 Act No. 76, Section 2.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 12 - Taxation

Chapter 8 - Income Tax Withholding

Section 12-8-10. Definitions.

Section 12-8-510. Parties subject to withholding laws.

Section 12-8-520. Incomes subject to withholding and amounts to be withheld.

Section 12-8-530. Withholding on cash prizes or winnings; noncash prizes; exception for spectator sporting events where admission charged.

Section 12-8-540. Withholding for rent or royalty payments to nonresident; exemptions; revocation of exemption.

Section 12-8-550. Withholding for nonresident temporarily conducting business or performing personal services; exemption; revocation of exemption.

Section 12-8-560. Partial or total exemptions of classes of transactions; exemption for portion of transaction not taxable in State; waiver of withholding if compliance guaranteed and certain items given to department.

Section 12-8-570. Withholding by trust or estate from distribution to nonresident beneficiary; exemptions.

Section 12-8-580. Withholding by buyer of real property or associated tangible personal property from nonresident seller.

Section 12-8-590. Tax withholding on distributions to nonresidential shareholders of "S" corporations and nonresident partners; returns.

Section 12-8-595. Withholding on wages paid to individual failing to provide taxpayer identification number or social security number; penalties against withholding agents.

Section 12-8-600. Withholding from any type of payment included in state gross income not specified in chapter; agreement by payee and payor; properly executed withholding exemption certificate deemed request for withholding.

Section 12-8-1010. Withholding exemptions and exemption certificates.

Section 12-8-1020. Change in exemptions; decrease.

Section 12-8-1030. Incorrect withholding exemption certificate; notification of department; determination of number of exemptions to be allowed; appeal by employee.

Section 12-8-1040. Waiver of withholding requirements.

Section 12-8-1050. Withholding on wages paid for period which is not payroll period; withholding on wages paid without regard to any period; withholding in miscellaneous payroll period.

Section 12-8-1060. Estimated quarterly payments by employer of withholding.

Section 12-8-1070. Manner of withholding and amount deducted and withheld determined according to rules or regulations of department.

Section 12-8-1080. Agreement between department and U.S. Secretary of Treasury regarding withholding.

Section 12-8-1510. Inapplicability of article's provisions to withholding.

Section 12-8-1520. Withholding agents' duties to deposit and pay withholdings.

Section 12-8-1530. Quarterly returns; agent to continue to file reports until certain events occur.

Section 12-8-1540. Agents shall furnish statements to taxpayers and department; contents.

Section 12-8-1550. Due date for statements filed with department; recapitulation and reconciliation statement; request for filing extension.

Section 12-8-2010. Liability of agent failing to withhold or pay tax.

Section 12-8-2020. Refund of credit for overpayment.

Section 12-8-2030. Amount withheld held in trust for State; lien on property of agent for amount withheld; recording of lien.

Section 12-8-2040. Quarterly return, annual reconciliation, and form filed in connection with withholding considered returns.