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H 3650 - S.C. Business License Tax Standardization Act

Tracking Level: Priority
Sponsor: William Sandifer (R)
Last Action: 3/1/2017 - House - Recommitted to Committee on Labor, Commerce and Industry
House Committee: LCI
Assigned To:
Business LicenseNext Bill
Business LicensingNext Bill
Week of 01.30.2017Next Bill
Week of 02.06.2017Next Bill

Staff Analysis of the Legislation

02.09.2017 The House, Labor, Commerce and Industry Committee gave this bill a favorable report as amended by the subcommittee.
02.08.2017 The House, Labor, Commerce and Industry Executive subcommittee gave this bill a favorable report as amended. The amendments exempt from business license tax 25 percent of gross income of businesses that is collected outside of the county or municipal limits; memorialize formal or informal agreements between businesses and cities “agreed to before January 1, 2019”; allow real estate brokers and brokers-in-charge to pay a business license tax only on commissions retained; allow business license verification to business licensing “officials” only; allow adjustments for growth in business’ gross income between 2016 and the first year of the bill’s implementation when calculating the tax due from each business; allow the Secretary of State to use reserve funds to implement collection of business license taxes; and provide that a county or municipality may establish business license rates; exempt premiums collected on life, accident and health insurance policies from insurance companies’ gross income. 
Summary of the bill as introduced: Shifts the responsibility to administer business license taxes from cities and towns to the Secretary of State and exempts certain businesses from paying a business license tax.

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Session 122 - (2017-2018)Printer Friendly
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H 3650 General Bill, By Sandifer, Simrill, Anderson, Atwater, Forrester, Erickson, Hamilton, Jordan, McEachern, Bedingfield, Ryhal, Taylor, White and Tallon
Summary: SC Business License Tax Standardization Act
    A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-340 SO AS TO ENACT THE "SOUTH CAROLINA BUSINESS LICENSE TAX STANDARDIZATION ACT", TO PROVIDE THE SOLE MANNER IN WHICH A COUNTY OR MUNICIPAL BUSINESS LICENSE TAX MAY BE IMPOSED, INCLUDING DURATION, CALCULATION, AND PAYMENT, TO PROVIDE CERTAIN REQUIREMENTS FOR ISSUING A CERTIFICATE OF OCCUPANCY, TO PROVIDE FOR CERTAIN REFUNDS, TO PROVIDE THAT CERTAIN SPECIAL ORDINANCES OR FORMAL OR INFORMAL AGREEMENTS ENTERED INTO BEFORE THE EFFECTIVE DATE OF THIS ACT ARE CONSIDERED VALID, TO PROVIDE THAT A SINGLE ISOLATED ACT DOES NOT AUTOMATICALLY CONSTITUTE DOING BUSINESS, AND TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A HIGHER BUSINESS LICENSE TAX ON CERTAIN BUSINESSES; BY ADDING SECTION 6-1-350 SO AS TO CREATE THE BUSINESS LICENSE CLASS SCHEDULE BOARD, TO RESTRICT COLLECTIONS IN THE 2019 LICENSE YEAR; BY ADDING SECTION 6-1-360 SO AS TO PROVIDE FOR A NOTICE OF ASSESSMENT AND TO PROVIDE FOR AN APPEALS PROCESS; TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE POWERS OF THE COUNTY GOVERNMENT, SO AS TO PROVIDE THAT A WHOLESALER DELIVERING GOODS TO RETAILERS IN A COUNTY IS NOT SUBJECTED TO THE BUSINESS LICENSE TAX UNLESS HE MAINTAINS A CERTAIN WAREHOUSE OR MERCANTILE ESTABLISHMENT; TO AMEND SECTION 5-7-30, AS AMENDED, RELATING TO THE POWERS CONFERRED UPON MUNICIPALITIES, SO AS TO PROVIDE THAT A WHOLESALER DELIVERING GOODS TO RETAILERS IN A COUNTY IS NOT SUBJECTED TO THE BUSINESS LICENSE TAX UNLESS HE MAINTAINS A CERTAIN WAREHOUSE OR MERCANTILE ESTABLISHMENT, AND TO PROVIDE FOR CERTAIN EXEMPTIONS; TO AMEND SECTION 6-1-120, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF CERTAIN INFORMATION, SO AS TO AUTHORIZE THE SHARING OF BUSINESS LICENSE INFORMATION AMONG LOCAL GOVERNMENTS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO POWERS OF THE DEPARTMENT OF REVENUE, SO AS TO ALLOW THE DEPARTMENT TO SHARE MUNICIPAL BUSINESS LICENSE INFORMATION AMONG OTHER LOCAL GOVERNMENTS; AND TO AMEND SECTION 38-7-160, RELATING TO MUNICIPAL LICENSE FEES AND TAXES IN INSURANCE LAW, SO AS TO DISTINGUISH BETWEEN LICENSE FEES AND TAXES MUNICIPALITIES MAY LEVY AND COLLECT FOR RISKS LOCATED WITHIN AND OUTSIDE THE MUNICIPALITY.
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02/02/17House Introduced and read first time (House Journal-page 17)
02/02/17House Referred to Committee on Labor, Commerce and Industry (House Journal-page 17)
02/09/17House Member(s) request name removed as sponsor: Mitchell
02/15/17House Committee report: Favorable with amendment Labor, Commerce and Industry (House Journal-page 4)
02/16/17 Scrivener's error corrected
02/21/17House Debate adjourned until Wed., 3-1-17 (House Journal-page 34)
03/01/17House Recommitted to Committee on Labor, Commerce and Industry (House Journal-page 10)



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