South Carolina Code of Regulations Chapter 117 - DEPARTMENT OF REVENUE
South Carolina Code of Regulations (SC Code R.117) – Department of Revenue
Purpose:
Chapter 117 of the South Carolina Code of Regulations provides the rules, procedures, and guidance for the administration, collection, and enforcement of state taxes under the jurisdiction of the South Carolina Department of Revenue (SCDOR). It ensures consistency in tax administration, clarifies statutory requirements, and outlines compliance obligations for taxpayers.
Key Areas Covered:
Definitions and General Provisions
Clarifies terminology used in taxation and regulatory compliance.
Defines terms such as “taxpayer,” “gross income,” “retailer,” “sales,” “use tax,” and other relevant legal definitions.
Income Tax Regulations
Provides guidance on filing personal and corporate income tax returns.
Details allowable deductions, exemptions, and credits.
Explains requirements for estimated tax payments, penalties, and interest.
Sales and Use Tax
Sets rules for sales tax collection, reporting, and remittance by retailers.
Includes guidance for exemptions, special transactions, and out-of-state sales.
Details responsibilities of vendors regarding sales tax permits, records, and audits.
Withholding and Payroll Taxes
Rules for employer withholding of state income taxes from employee wages.
Reporting procedures for quarterly and annual withholding.
Penalties for non-compliance or late payments.
Property Tax and Special Assessments
Procedures for assessment, valuation, and appeal of property taxes where the Department has oversight.
Rules related to exemptions for certain organizations or properties.
Administrative Procedures
Outlines how the SCDOR issues rulings, notices, and interpretations.
Provides rules for hearings, appeals, and protests against tax determinations.
Establishes record-keeping requirements and audit procedures.
Penalties and Enforcement
Penalties for failure to file, late payment, or misreporting of taxes.
Procedures for interest calculation and collection actions.
Guidelines for voluntary disclosure programs and settlements.
Special Tax Programs and Incentives
Regulations regarding tax credits, incentives, or exemptions granted under South Carolina law.
Instructions on claiming credits such as job creation, investment, and energy-related credits.
Administration and Enforcement
The Director of the South Carolina Department of Revenue has authority to enforce these regulations.
The chapter emphasizes fair and uniform administration of tax laws, ensuring taxpayers have guidance and a method to resolve disputes.
Summary:
SC Code R.117 serves as the comprehensive regulatory framework for taxation in South Carolina. It covers all major areas of tax administration, including income, sales, use, withholding, and property taxes, along with procedures for compliance, enforcement, penalties, and taxpayer remedies.
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