South Carolina Code of Laws
Chapter 8 - Income Tax Withholding
Section 12-8-1520. Withholding agents' duties to deposit and pay withholdings.

(A)(1) Resident withholding agents who deposit and pay withholding to the Internal Revenue Service under the provisions of the Internal Revenue Code as defined in Section 12-6-40(A) and applicable regulations shall remit all South Carolina taxes withheld pursuant to this chapter on or before the date their federal withholding taxes are due.
(2) If a resident withholding agent is required under the Internal Revenue Code to deposit withheld funds at a financial institution, then the withholding agent shall deposit the funds required to be withheld under this chapter at a financial institution selected by the State Treasurer, unless otherwise instructed by the department.
(3) If a resident withholding agent is not required to deposit and pay federal withholding to the Internal Revenue Service under the provisions of the Internal Revenue Code and applicable regulations, the resident withholding agent shall remit South Carolina withholding to the department in accordance with subsection (B).
(B) A nonresident withholding agent and a resident withholding agent described in (A)(3) must remit South Carolina taxes withheld under this chapter as follows:
(1) on or before the fifteenth day of the month following the month in which the aggregate amount withheld is five hundred dollars or more; or
(2) on or before the last day of the month following the quarter in which funds were withheld if the aggregate amount withheld in a calendar quarter is less than five hundred dollars.
(C) In order to maintain conformity with the federal withholding system, the department may by rule adopt new federal withholding regulations.
(D) Any withholding agent making at least twenty-four payments in a year must do so as provided in Section 12-54-250.
HISTORY: 1995 Act No. 76, Section 2; 1997 Act No. 83, Section 1; 2005 Act No. 145, Section 20.A, eff July 1, 2005; 2005 Act No. 145, Section 20.B, eff June 7, 2005.

Editor's Note
2005 Act No. 145, Section 20.C, provides as follows:
"Section 12-8-1520(A)(2) of the 1976 Code, as amended in subsection A. of this section, takes effect July 1, 2005. The amendment to Section 12-8-1520 in the 1976 Code in subsection B. of this section applies for payments due after January 1, 2006."

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.