Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Section 12-6-10. Short title. - This chapter may be cited as the "South Carolina Income...
Section 12-6-20. Administration and enforcement of chapter. - The department shall administer and enforce the taxes imposed by...
Section 12-6-30. Definitions. - As used in this chapter, the following words have the...
Section 12-6-40. Application of federal Internal Revenue Code to State tax laws. - (A)(1)(a) Except as otherwise provided, "Internal Revenue Code" means the...
Section 12-6-50. Internal Revenue Code sections specifically not adopted by State. - For purposes of this title and all other titles that...
Section 12-6-60. Role of distribution facility in determining nexus with state for income tax and corporate license fee purposes. - (A) Notwithstanding another provision of this chapter, whether or not...
Section 12-6-510. Tax rates for individuals, estates, and trusts for taxable years after 1994. - (A) Subject to the provisions of subsection (B), for taxable...
Section 12-6-515. State individual income tax bracket reduction. - Section repealed upon contingency. See, Editor's Note. Notwithstanding any other...
Section 12-6-520. Annual adjustments to individual state income tax brackets; inflation adjustments. - Beginning on December 15, 2018, and each December fifteenth thereafter,...
Section 12-6-530. Corporate income tax. - An income tax is imposed annually at the rate of...
Section 12-6-535. Small business trust taxed at highest rate. - For purposes of Internal Revenue Code Section 641(c), an electing...
Section 12-6-540. Income tax rates for exempt organizations and cooperatives. - An income tax is imposed annually at the rate of...
Section 12-6-545. Income tax rates for pass-through trade and business income; determination of income related to personal services. - (A) As used in this section: (1) "Active trade or...
Section 12-6-550. Corporations exempt from taxes imposed by Sections 12-6-530 and 12-6-540. - The following corporations are exempt from the tax imposed by...
Section 12-6-555. Persons not having nexus with state other than contract for commercial printing in state not subject to state income or sales and use taxes; conditions. - Notwithstanding any other provision of this chapter, with respect to...
Section 12-6-560. Computation of resident individual's gross, adjusted gross, and taxable income. - A resident individual's South Carolina gross income, adjusted gross income,...
Section 12-6-570. Computation of nonresident individual, trust, estate, and beneficiary's gross, adjusted gross, and taxable income. - A nonresident individual, nonresident trust, nonresident estate, and nonresident beneficiary's...
Section 12-6-580. Computation of corporation's gross and taxable income. - A corporation's South Carolina gross income, taxable income, and the...
Section 12-6-590. Treatment of "S" corporations for tax purposes; shareholders. - (A) Except as provided in Section 12-6-1210(F), an "S" Corporation...
Section 12-6-600. Taxation of partnerships. - An entity treated as a partnership for federal income tax...
Section 12-6-610. Computation of gross and taxable income of resident estate or trust. - A resident estate or resident trust's South Carolina gross income...
Section 12-6-620. Computation of gross, adjusted gross, and taxable income of nonresident individual, trust, and estate. - A nonresident individual, nonresident trust, and nonresident estate's South Carolina...
Section 12-6-630. Taxation of entities not specified or excluded. - Entities, other than those specified in Sections 12-6-560 through 12-6-620...
Section 12-6-640. Use of monies appropriated to Commissioners of Pilotage. - Monies appropriated to the Commissioners of Pilotage must be used...
Section 12-6-1110. Modifications of gross, adjusted gross, and taxable income calculated under Internal Revenue Code. - For South Carolina income tax purposes, gross income, adjusted gross...
Section 12-6-1120. Gross income; computation; modifications. - South Carolina gross income is computed by making modifications to...
Section 12-6-1130. Taxable income; computation; modifications. - South Carolina taxable income is computed by making modifications to...
Section 12-6-1140. Deductions from individual taxable income. - There is allowed as a deduction in computing South Carolina...
Section 12-6-1150. Net capital gain; deduction from taxable income for individuals, estates, and trusts. - (A) Individuals, estates, and trusts are allowed a deduction from...
Section 12-6-1160. Dependent deduction for resident individual. - A resident individual taxpayer is allowed an additional deduction for...
Section 12-6-1170. Retirement income deduction from taxable income for individual; Section 12-6-1171 deduction. - (A)(1) An individual taxpayer who is the original owner of...
Section 12-6-1171. Military retirement income deduction; definitions; surviving spouse. - (A) An individual taxpayer may deduct all military retirement income...
Section 12-6-1175. Wages paid to unauthorized alien; business expense deduction disallowed. - (A) As used in this section: (1) "Unauthorized alien" means...
Section 12-6-1190. Cost recovery of retirement benefits from retirement systems maintained by the State or its political subdivisions. - Retirees receiving benefits from the various state retirement systems or...
Section 12-6-1200. Exclusion from taxable income of amounts excluded from federal income tax by United States treaty. - South Carolina taxable income does not include amounts excluded from...
Section 12-6-1210. Deductions for capital expenses, depreciation, gains and losses; change in accounting method; certain elections for special tax treatment; provisions of federal law. - (A) If as of January 1, 1985, a taxpayer is...
Section 12-6-1220. Individual Development Account. - Families on AFDC and those not receiving welfare but whose...
Section 12-6-1610. Definitions. - As used in this article: (1) "Qualified catastrophe expenses" mean...
Section 12-6-1620. "Catastrophe Savings Account" defined; exemptions allowed; contributable amount; attachment and garnishment. - (A)(1) An individual taxpayer is allowed a deduction from the...
Section 12-6-1630. Taxation of distributions or at death of account owner. - (A) A distribution from a Catastrophe Savings Account must be...
Section 12-6-1710. Taxation of part-year resident. - An individual who is a part-year resident of South Carolina...
Section 12-6-1720. Taxable income of nonresident individual, trust, estate, or beneficiary; modifications, adjustments, and allocations. - A nonresident individual, a nonresident trust, a nonresident estate, and...
Section 12-6-2210. Taxation of business; determination whether entirely or partly transacted or conducted within State. - (A) If the entire business of a taxpayer is transacted...
Section 12-6-2220. Allocation of interest, dividends, rents and royalties, gains and losses, and income from personal services. - The following items of income must be directly allocated and...
Section 12-6-2230. Allocation of income not allocated under Section 12-6-2220. - Any income, less all related expenses, which is not allocated...
Section 12-6-2240. Apportionment of all income remaining after allocation. - All income remaining after allocation pursuant to Sections 12-6-2220 and...
Section 12-6-2252. Allocation and apportionment of business income. - (A) A taxpayer whose principal business in this State is...
Section 12-6-2280. Sales factor; definitions. - (A) The sales factor is a fraction in which the...
Section 12-6-2290. Apportionment of remaining net income from principal profits or income derived from sources not otherwise described by this chapter. - If the principal profits or income of a taxpayer are...
Section 12-6-2295. Items included and excluded from terms "sales" and "gross receipts". - (A) The terms "sales" as used in Section 12-6-2280 and...
Section 12-6-2300. Apportionment of United States source income for business incorporated in foreign country. - A business incorporated in a foreign country is required to...
Section 12-6-2310. Income remaining after allocation for certain companies; factors to be used for apportionment. - The income remaining after allocation for the following companies must...
Section 12-6-2320. Allocation and apportionment of taxpayer's income when provisions unfairly represent taxpayer's business activity; agreement with taxpayer; provision for taxpayer constructing or operating qualified recycling facility. - (A) If the allocation and apportionment provisions of this chapter...
Section 12-6-2810. Deferral of taxes on income attributable to increase in gross income from foreign trading receipts. - Payment of tax otherwise due under this chapter on income...
Section 12-6-2820. Date deferred payments are due and payable; payment of taxes at accelerated rate; effect of taxpayer's failure to pay interest. - (A) All deferred tax payments attributable to a particular taxable...
Section 12-6-2830. Inapplicability of time limitation on assessment and collection of taxes to taxes deferred. - The three-year limitation on assessment and collection of taxes in...
Section 12-6-2840. Effective date of article; inapplicability of article to domestic international sales corporations or foreign sales corporations. - This article: (1) is effective for taxable years beginning after...
Section 12-6-2850. Definitions. - For purposes of this article: (1) "Export property" means property...
Section 12-6-3310. Tax credits; timeframe for use; pass through and calculation of shareholder credit; limited liability companies. - (A) Credits allowed in this article are nonrefundable and may...
Section 12-6-3320. Applicability of federal provisions to all income tax credits available to corporation for state income tax purposes. - The provisions of Internal Revenue Code Section 383 (Special Limitations...
Section 12-6-3330. Two wage earner credit for married individuals filing joint return; computation; definitions; when not allowed. - (A) Married individuals are allowed a two wage earner credit...
Section 12-6-3340. Investment tax credit for purchase and installation of certain energy conservation and renewable energy production measures. - (A) A taxpayer may claim as a credit twenty-five percent...
Section 12-6-3350. Tax credit for State contractors subcontracting with socially and economically disadvantaged small business. - (A) A taxpayer having a contract with this State who...
Section 12-6-3360. Job tax credit. - (A) Taxpayers that operate manufacturing, tourism, processing, agricultural packaging, warehousing,...
Section 12-6-3362. Small business jobs tax credit; alternate method. - (A) A taxpayer eligible, pursuant to Section 12-6-3360(C)(2), for the...
Section 12-6-3367. Moratorium on corporate income and insurance premium taxes for certain companies investing and creating jobs in State. - (A) A taxpayer creating and maintaining at least one hundred...
Section 12-6-3370. Tax credits for construction, installation or restoration of water impoundments and water control structures. - (A) A taxpayer may claim a credit for twenty-five percent...
Section 12-6-3375. Tax credit for port cargo volume increase; application to council; definitions; excess credits; taxpayers without distribution centers in the State; failure to meet requirements. - (A)(1) A taxpayer engaged in any of the following: manufacturing,...
Section 12-6-3376. Income tax credit for plug-in hybrid vehicle. - (A) For taxable years beginning in 2012 and before 2017,...
Section 12-6-3377. Hybrid, fuel cell, alternative fuel or lean burn motor vehicle tax credit. - (A) A South Carolina resident taxpayer who is eligible for...
Section 12-6-3378. Tax credits for certain agribusinesses and service-related facilities. - (A)(1) In tax years beginning after 2017 and ending before...
Section 12-6-3380. Tax credit for child and dependent care expenses. - An individual may claim an income tax credit for child...
Section 12-6-3381. Premarital preparation course tax credit; form. - There is allowed as a credit against the tax imposed...
Section 12-6-3385. Income tax credit for tuition; definitions. - (A)(1)(a) A student is allowed a refundable individual income tax...
Section 12-6-3390. Credit for expenses paid to institution providing nursing facility level, in-home, or community care. - An individual taxpayer may claim an income tax credit for...
Section 12-6-3400. Credit for income tax paid by South Carolina resident to another state. - (A)(1) Resident individuals are allowed a credit against the taxes...
Section 12-6-3410. Corporate income tax credit for corporate headquarters. - (A) A corporation establishing a corporate headquarters in this State,...
Section 12-6-3415. Tax credit for research and development expenditures. - (A) A taxpayer that claims a federal income tax credit...
Section 12-6-3420. Tax credit for construction or improvement of infrastructure project. - (A) A corporation may claim a credit for the construction...
Section 12-6-3430. Tax credit for qualified investments in Palmetto Seed Capital Corporation or Palmetto Seed Capital Fund Limited Partnership. - (A) Taxpayers who make qualified investments in the Palmetto Seed...
Section 12-6-3440. Tax credit for employee child care programs. - (A) A taxpayer who employs persons who are residents of...
Section 12-6-3460. Definitions. - (A) As used in this section: (1) "Investment" means the...
Section 12-6-3465. Recycling facility tax credits. - A taxpayer who is constructing or operating a qualified recycling...
Section 12-6-3470. Employer tax credit. - (A)(1) An employer who employs a person who received Family...
Section 12-6-3477. Apprentice income tax credit. - A taxpayer who employs an apprentice pursuant to an apprentice...
Section 12-6-3480. Tax credits. - Notwithstanding any other provision of law: (1) Any credits under...
Section 12-6-3500. Retirement plan credits. - If the right to receive retirement income by a taxpayer...
Section 12-6-3515. Credit for conservation or qualified conservation contribution of real property; lands eligible; transfer of credits; definitions. - (A) A taxpayer who has qualified for and claimed on...
Section 12-6-3520. Income tax credit for habitat management and construction and maintenance of critical habitat improvements. - (A) There is allowed as a tax credit against the...
Section 12-6-3525. Tax credits for vehicle or scrap recyclers participating in End-of-Life Vehicle Solutions (ELVS) Program. - A vehicle recycler or scrap recycling facility, as defined in...
Section 12-6-3530. Community development tax credits. - Section repealed effective June 30, 2023. (A) A taxpayer may...
Section 12-6-3535. Income tax credit for making qualified rehabilitation expenditures for a certified historic structure. - (A)(1) A taxpayer who is allowed a federal income tax...
Section 12-6-3550. Voluntary cleanup activity tax credit; eligibility requirements. - (A) A taxpayer is allowed a credit against taxes due...
Section 12-6-3560. Credit against state income tax for motion picture and advertisement production companies. - (A)(1) This section authorizes a tax credit against state income...
Section 12-6-3570. Motion picture related income tax credit claims. - (A) A taxpayer may claim an income tax credit of...
Section 12-6-3575. Health insurance tax credits. - (A) An individual taxpayer meeting the eligibility requirements of subsection(B)...
Section 12-6-3580. South Carolina Quality Forum participants; tax credits for registration fee and participation in organizational performance excellence assessment process; limitation. - (A) Taxpayers that pay an annual fee to the South...
Section 12-6-3582. Income tax credits; agricultural use of anhydrous ammonia. - (A) A resident taxpayer engaged in the business of farming...
Section 12-6-3585. Industry Partnership Fund tax credit. - (A) For each tax year beginning after 2020, a taxpayer...
Section 12-6-3587. Purchase and installation of solar energy system for heating water, space heating, air cooling, or generating electricity. - (A) There is allowed as a tax credit against the...
Section 12-6-3588. South Carolina Clean Energy Tax Incentive Program; definitions; requirements to receive tax credit. - (A) The General Assembly has determined to enact the "South...
Section 12-6-3589. Tax credit for effluent toxicity testing. - (A) A manufacturing facility may claim a tax credit equal...
Section 12-6-3590. Credit for milk producer; promulgation of regulations. - (A) A resident taxpayer engaged in the business of producing...
Section 12-6-3600. Credit for ethanol and biodiesel facilities. - (A)(1) For taxable years beginning after 2006, and before 2017,...
Section 12-6-3610. Credit for property used for distribution or dispensing renewable fuel. - (A)(1) A taxpayer that purchases or constructs and installs and...
Section 12-6-3620. Purchase and installation of equipment to produce energy from biomass resources. - (A) For taxable years beginning after 2007, and ending before...
Section 12-6-3622. Fire sprinkler system tax credits. - (A)(1) Subject to the terms and conditions of this section,...
Section 12-6-3630. Income tax credits; hydrogen research contributions. - (A) For taxable years beginning after 2007, and before 2012,...
Section 12-6-3631. Biodiesel expenditures tax credit. - (A) For taxable years beginning after 2007, and before 2012,...
Section 12-6-3632. Earned income tax credit. - There is allowed as a nonrefundable credit against the tax...
Section 12-6-3660. Tax credit for costs of retrofitting to make residence more hurricane resistant. - (A) An individual taxpayer is allowed a credit against the...
Section 12-6-3665. Credit for sales tax paid on purchases of tangible personal property to retrofit residence. - (A) An individual taxpayer is allowed a credit from the...
Section 12-6-3670. Credit for excess premium paid for property and casualty insurance. - (A) An individual taxpayer may claim a credit against the...
Section 12-6-3695. Alternative fuel property income tax credit. - (A)(1) A taxpayer who purchases or constructs, installs, and places...
Section 12-6-3710. Income tax credit for taxpayers that hire formerly incarcerated individuals; eligibility; regulations; definitions. - (A) For tax years beginning after 2021, there is allowed...
Section 12-6-3720. Income tax credit for taxpayers that hire veterans; eligibility; regulations; definitions. - (A) For tax years beginning after 2021, there is allowed...
Section 12-6-3750. Nonrefundable tax credit for processing donated deer for charitable distribution. - (A) There is allowed a nonrefundable credit against taxes imposed...
Section 12-6-3770. Repealed. - HISTORY: Former Section, titled Income tax credit for certain solar...
Section 12-6-3775. Solar energy tax credits. - Section effective until December 31, 2024. (A) For the purposes...
Section 12-6-3780. Credit for preventative maintenance. - (A)(1) A resident taxpayer is allowed a refundable income tax...
Section 12-6-3790. Educational Credit for Exceptional Needs Children's Fund. - (A) As used in this section: (1) "Eligible school" means...
Section 12-6-3795. South Carolina housing tax credit. - (A) As used in this section: (1) "Eligibility statement" means...
Section 12-6-3800. Income tax credit for service as a preceptor. - Section effective until January 1, 2026. (A) For the purposes...
Section 12-6-3910. Estimated tax payments form; due dates; treatment of excess where estimated payments or withholdings more than tax liability; waiver of penalties. - (A) South Carolina estimated tax payments must be made in...
Section 12-6-3920. Extension for filing and paying estimated taxes. - In the case of sickness, absence, or other disability or...
Section 12-6-3930. Imposition of interest and penalties on National Guard and Reserve members activated as a result of Iraq conflict or war on terrorism. - No interest, penalties, or other sanctions may be imposed on...
Section 12-6-4410. Taxable years. - (A) A taxpayer's taxable year under this chapter must be...
Section 12-6-4420. Method of accounting. - (A) A taxpayer's method of accounting under this chapter must...
Section 12-6-4430. "S" corporation elections. - (A) A taxpayer should provide the department notice of its...
Section 12-6-4910. Persons, corporations, and other entities required to make tax returns. - Income tax returns must be filed by the following: (1)(a)...
Section 12-6-4920. Interstate motor carrier required to file return. - An interstate motor carrier which within a taxable year (1)...
Section 12-6-4930. Tax return of estate or trust; by whom to be made. - The income tax return of a trade or business carried...
Section 12-6-4940. Trust institutions maintaining common trust fund must make tax return; contents. - Every trust institution maintaining a common trust fund shall make...
Section 12-6-4950. Information returns. - (A) An information return must be filed by all individuals,...
Section 12-6-4960. Form of tax return; department to furnish blank forms; effect on taxpayer of failure to receive form. - Returns must be in a form prescribed by the department....
Section 12-6-4970. Time to file returns. - (A) Returns of taxpayers, except as otherwise provided, must be...
Section 12-6-4980. Extension of time for filing return. - (A) The department may allow an extension of time not...
Section 12-6-4990. Payment of tax due upon filing return; effect of extension; requirement of making estimated tax payment. - When an income tax return is required under this chapter,...
Section 12-6-5000. Filing of separate or joint federal returns by husband and wife; same status required on state return; nonresidents; where no federal return filed. - (A) If the federal taxable income of a husband and...
Section 12-6-5010. Release of claim to personal exemption by custodial parent. - If a custodial parent releases claim to the personal exemption...
Section 12-6-5020. Authorized filing of consolidated corporate income tax return; terms and conditions. - (A) A consolidated return may be filed for the following...
Section 12-6-5030. Composite returns for partnership or "S" corporation. - (A) A partnership or "S" Corporation may file a composite...
Section 12-6-5050. Tax preparer's taxpayer identification number. - A person who is an income tax preparer as defined...
Section 12-6-5060. Voluntary contribution to certain funds may be designated on return; reporting of contributions annually by department. - (A) Each taxpayer required to file a state individual income...
Section 12-6-5095. Rounding to nearest whole dollar on tax returns. - For purposes of a return filed pursuant to this chapter,...
Section 12-6-5510. Certificate of compliance as prima facie evidence. - A certificate of compliance from the department to the effect...
Section 12-6-5520. Notification to domestic or foreign corporation of failure to file return; penalty upon continued failure to comply. - (A) The department shall notify a domestic or foreign corporation,...
Section 12-6-5530. Income taxes payable by check; taxpayer liable for tax and penalties when check dishonored by bank. - Income taxes may be paid with an uncertified check, but...
Section 12-6-5540. Copies of returns; verification of information on returns. - The department may require a taxpayer to provide copies of...
Section 12-6-5550. State income tax refund as belonging to surviving spouse. - (A) A federal or state income tax overpayment due to...
Section 12-6-5570. Authority to make expenditures. - The department, with the approval of the State Fiscal Accountability...
Section 12-6-5580. Failure to do an act deemed committed in person's county of residence. - The failure to do an act required by or under...
Section 12-6-5590. Donative intent; requirements; determining factors. - (A) No credit under Section 12-6-3515 or deduction under Section...
Section 12-6-5595. Timber deeds as real property conveyances. - For purposes of the nonrecognition of gain under Section 1031...
Section 12-6-5600. Residency of individuals and businesses; boundary clarification. - For South Carolina income tax purposes: (A) An individual whose...