(A) A withholding agent shall file a quarterly return in a form prescribed by the department indicating the total amount withheld pursuant to this chapter during the calendar quarter. The return must be filed even in quarters when no income tax has been withheld. The return must be filed on or before dates required for filing federal quarterly withholding returns specified in Internal Revenue Code Section 6071 and Internal Revenue Code Regulation Section 31.6071(a)(1), except the fourth quarter return. The fourth quarter return is due on or before the last day of January following the calendar year of the withholding.
(B)(1) A withholding agent may discontinue filing quarterly returns only after the withholding agent:
(a) notifies the department in writing that he is no longer required to withhold; and
(b) has remitted all taxes withheld or required to be withheld under the provisions of this chapter.
(2) A withholding agent who notifies the department that he is no longer required to withhold under subsection (B)(1) may furnish the department with the reconciliation statement required under Section 12-8-1550(A)(2) at the time notification is given.
HISTORY: 1995 Act No. 76, Section 2; 1997 Act No. 83, Section 2; 2016 Act No. 160 (H.4328), Section 1, eff April 21, 2016.
Effect of Amendment
2016 Act No. 160, Section 1, in (A), substituted "January" for "February" in the last sentence.
Structure South Carolina Code of Laws
Chapter 8 - Income Tax Withholding
Section 12-8-510. Parties subject to withholding laws.
Section 12-8-520. Incomes subject to withholding and amounts to be withheld.
Section 12-8-1010. Withholding exemptions and exemption certificates.
Section 12-8-1020. Change in exemptions; decrease.
Section 12-8-1040. Waiver of withholding requirements.
Section 12-8-1060. Estimated quarterly payments by employer of 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 12-8-2010. Liability of agent failing to withhold or pay tax.