Spouses who file a joint income tax return are both jointly and severally liable for the taxes associated with the return, both federally and at the state level. If the joint tax liability is not paid, or additional tax is...more
In South Carolina, a maximum or “capped” sales tax of $500 ($300 for sales on or before June 30, 2017) is imposed on the sale of motor vehicles and certain other vehicles. Under the facts of a recent South Carolina...more
On March 27, 2019, the Senate Finance Committee launched an investigation into the abuse of syndicated conservation easement transactions. The transactions being investigated involve promoters selling interests in tracts of...more
4/1/2019
/ Appraisal ,
Charitable Deductions ,
Conservation Easements ,
Federal Taxes ,
Income Taxes ,
Internal Revenue Code (IRC) ,
Investors ,
IRS ,
Real Estate Transactions ,
Senate Finance Committee ,
Syndication ,
Tax Benefits ,
Tax Deductions
The Bipartisan Budget Act of 2015 enacted sweeping changes to the federal audit regime for entities taxed as partnerships. The new audit rules became effective for tax years beginning on or after January 1, 2018.
For tax...more
South Carolina imposes a number of civil tax penalties that are similar to those imposed under the Internal Revenue Code (the “Code”). South Carolina’s civil tax penalties, while similar in some respects, are not the same as...more
2/11/2019
/ Books & Records ,
Department of Revenue ,
Failure To Pay ,
Failure-to-File ,
Filing Requirements ,
Good Faith ,
Income Taxes ,
Interest Payments ,
Reasonable Cause Defense ,
State Taxes ,
Tax Debt ,
Tax Fraud ,
Tax Penalties ,
Tax Planning
The Tax Court recently issued a full T.C. opinion which will impact a tremendous number of conservation easement donations. In Pine Mountain Preserve, LLLP v. Commissioner, 151 T.C. 4 (2018) the Tax Court found a reservation...more
A recent decision by the South Carolina Administrative Law Court (ALC) highlights many of the valuation issues that can arise when property is appraised by a county assessor. In Taylor v. Aiken County Assessor, S.C. Admin....more
The Policy Division of the South Carolina Department of Revenue has issued a final revenue ruling, SC Revenue Ruling #18-14, addressing retailers without a physical presence in South Carolina. The ruling comes on the heels of...more
9/20/2018
/ Department of Revenue ,
Economic Presence Nexus ,
Final Guidance ,
Internet Retailers ,
Online Platforms ,
Retail Licenses ,
Retailers ,
Sales & Use Tax ,
Sellers ,
State Taxes ,
Tangible Property
The Policy Division of the South Carolina Department of Revenue has issued a draft revenue ruling addressing retailers without a physical presence in South Carolina. Comments on the draft ruling are due by August 27, 2018,...more
8/15/2018
/ Amazon ,
Comment Period ,
Department of Revenue ,
Economic Presence Nexus ,
Internet Retailers ,
Online Platforms ,
Public Comment ,
Registration Requirement ,
Retail Licenses ,
Retailers ,
Sales & Use Tax ,
Sellers ,
State Taxes ,
Tangible Property ,
Tax Returns
South Carolina counties and municipalities are authorized to impose business license taxes on the “gross income” of a business. On August 8, 2018 the South Carolina Supreme Court issued a major decision, Todd Olds v. City of...more
Following the Supreme Court’s landmark decision in South Dakota v. Wayfair, Inc., the Director of the South Carolina Department of Revenue, Hartley Powell, announced that SCDOR will begin requiring remote sellers to collect...more
The Supreme Court issued its opinion in South Dakota v. Wayfair, Inc. on June 21, 2018. The closely followed case involved a South Dakota law that required certain out-of-state sellers who sold more than $100,000 of goods or...more
6/21/2018
/ Appeals ,
Commerce Clause ,
Constitutional Challenges ,
Internet Retailers ,
Interstate Commerce ,
Out-of-State Companies ,
Physical Presence Test ,
Quill ,
Reversal ,
Sales & Use Tax ,
SCOTUS ,
South Dakota v. Wayfair ,
Substantial Nexus
In an important decision, the South Carolina Administrative Law Court (ALC) recently ruled that a bartending service was not liable for sales tax on separately-stated service charges. See A Southern Bartender v. South...more
There were several notable state tax opinions issued by the South Carolina Administrative Law Court, Court of Appeals, and Supreme Court in the 1st quarter of 2018. A number of tax cases are also pending before the Court of...more
5/3/2018
/ 501(c)(3) ,
Administrative Law Judge (ALJ) ,
Appeals ,
Attorney's Fees ,
But For Causation ,
Charitable Organizations ,
Charter Schools ,
Contractors ,
Department of Revenue ,
Good Cause ,
Hospitals ,
Income Taxes ,
IRS ,
Local Taxes ,
Misallocation of Funds ,
Multistate Corporations ,
Notice of Appeal ,
Personal Property ,
Petition for Writ of Certiorari ,
Property Tax ,
Public Schools ,
Remand ,
Retail Sales ,
Retailers ,
Retroactive Taxes ,
Sales & Use Tax ,
Sales Tax ,
SC Supreme Court ,
State and Local Government ,
Tangible Property ,
Tax Assessment ,
Tax Audits ,
Tax Court ,
Tax Exemptions ,
Tax Legislation ,
Tax Liability ,
Tax Liens ,
Tax Litigation ,
Tax Penalties ,
Tax Refunds
Taxpayers who disagree with a proposed tax assessment issued by the South Carolina Department of Revenue (SCDOR or DOR) may or may not be able reach an agreement at the administrative level. When taxpayers and SCDOR cannot...more
5/2/2018
/ Administrative Law Judge (ALJ) ,
Appeals ,
Bonds ,
Contested Proceedings ,
Department of Revenue ,
Interest Rates ,
IRS ,
Judicial Review ,
Overpayment ,
State Taxes ,
Tax Assessment ,
Tax Debt ,
Tax Liens ,
Tax Penalties
There are 12.9 million acres of commercial forestland in South Carolina. More than half of the forestland is family-owned, and 82% of private owners live on the land. The state also has about 25,000 farms, which encompass 4.9...more
The South Carolina Infrastructure and Economic Development Reform Act, 2017 Act 40, was recently enacted and is designed to enhance South Carolina’s economic competitiveness. The Act, commonly referred to as the gas tax bill,...more
8/17/2017
/ Ad Velorum Property Taxes ,
Commercial Property Owners ,
Department of Revenue ,
Economic Development ,
Gas Taxes ,
Infrastructure Financing ,
Manufacturers ,
Manufacturing Facilities ,
New Legislation ,
Property Tax ,
State and Local Government ,
Tax Credits ,
Tax Exemptions
The April 30th deadline for the calendar year South Carolina taxpayers to file their annual Form PT-300, Property Return, is fast approaching. Taxpayers subject to a fee-in-lieu of tax (FILOT) must file a new schedule with...more
Property tax values in South Carolina are generally determined every five years through county-wide reassessments. Since property tax values are determined every five years (and subject to a 15% cap on increases under...more
The South Carolina Department of Revenue (the “Department” or “DOR”) issued SC Revenue Ruling #16-12 on December 16, 2016. The ruling provides guidance to manufacturers on property tax return filings, assessment procedures,...more
The South Carolina Department of Revenue (the “Department” or “DOR”) files tax liens when a taxpayer fails to timely pay his or her state tax liability. The Department files a tax lien in order to establish its priority to a...more
The South Carolina Department of Revenue (SCDOR) released its annual tax legislative update on October 10, 2016 in SC Information Letter #16-11. The guidance provides a summary of significant changes in tax and regulatory...more
Residents of South Carolina are required to file an income tax return, even if they do not earn income in the state. A resident is an individual who is “domiciled” in South Carolina. South Carolina law does not define...more
The South Carolina Department of Revenue (“DOR”) has issued new SC Revenue Ruling #16-6, providing use tax information for individuals, businesses, and nonprofits. The ruling supersedes SC Revenue Ruling #08-6 and provides...more
On May 23, 2016 the South Carolina Textiles Communities Revitalization Act was amended to remove a fifty percent cap applicable to the income tax credit provided by the Act. L. 2016, H5009. This taxpayer-friendly amendment...more