Welcome to the New SCDOR Website

It’s still us—just with a fresh new look! The SCDOR launched our redesigned website this week, and we hope you’ll take a look around. Take a virtual tour or read some quick tips!

S​ Corporations must pay an annual License Fee which is 0.1% of capital and pai​d in surplus, plus $15.

  • ​Your license fee cannot be less than $25 annually.
  • The license fee is due at the same time as your return or request for extension and applies to the tax year following the Income Tax year.​​

Beginning with the 2021 tax year, a qualifying S Corporation, including an LLC taxed as an S Corporation, can elect to have its active trade or business income taxed at the entity level instead of the shareholder level.

  • The election is made annually at the S Corporation level on the SC1120S on behalf of all shareholders. Mark the box on page 1 of the SC1120S to make your Active Trade or Business election.
  • S Corporations use the I-435 to identify active trade or business income and calculate the tax due.
  • S Corporations will use the SC1120S K-1 to report to each shareholder their share of the active trade or business income taxed at the S Corporation level.

​For more information, refer to SC Revenue Rulings 21-15 and 22-5.

S Corporations are required to withhold annually 5% of the SC taxable income of shareholders who are nonresidents of South Carolina.

  • Pay the nonresident shareholder withholding to the SCDOR with the SC1120S-WH​ by the 15th day of the third month following the end of the tax year. By this same date, the S Corporation must provide the nonresident shareholders a 1099-MISC with South Carolina Only written at the top showing the amounts of income and tax withheld.
  • We recommend making your payment on our free tax portal, MyDORWAY, at dor.sc.gov/pay. Select Business Income Tax Payment to get started.
    • If you pay on MyDORWAY, you must also mail in your completed SC1120S-WH return to: SCDOR, Corporate Taxable, PO Box 100151, Columbia SC 29202.
    • If you pay by check, make payable to "SCDOR" and include your business name, FEIN, and “SC1120S-WH” in the memo. ​

S Corporations are not required to withhold on nonresident shareholders who

  • participate in a composite Income Tax return
  • file an I-309 affidavit with the S Corporation
  • are tax exempt under IRC 501(a)

How to file and pay 

The S Corporation Income Tax Return (SC1120S) is due annually, regardless of any income or business in an accounting period.

  • This includes the annual report, (Schedule D), which is part of the SC1120S, and payment of the license fee.
  • Due date: Your return and payment are due by 15th day of the third month after the end of your business year. 

Taxpayers whose South Carolina tax liability is $15,000 or more per filing period must file and pay electronically.

Frequently asked questions and reminders

The S Corporation does not need to withhold on behalf of any shareholder participating in a composite return. Shareholders participating in a composite return do not need to pay Estimated Tax. A nonresident shareholder may provide the S Corporation with an affidavit, Form I-309, agreeing that they will pay and be individually responsible for any SC tax, interest, and/or penalties which may be due. The S Corporation may attach such affidavit to the SC1120S-WH and the S Corporation would therefore, not be required to withhold Income Tax on behalf of such shareholder. If an affidavit has been previously filed, it should not be resubmitted.

What is the withholding required by an S Corporation for shareholders who are nonresidents of South Carolina?

Corporations are required annually to withhold 5% of the South Carolina taxable income of shareholders who are nonresidents of South Carolina.

A nonresident shareholder may provide the S Corporation with an I-309 affidavit agreeing the shareholder is subject to the jurisdiction of the SCDOR and the courts of this State for purposes of determining and collecting South Carolina tax, interest, and penalties that may be due. The S Corporation may attach the I-309 to the SC1120S-WH and the S Corporation is not required to withhold Income Tax on behalf of such shareholder. If the S Corporation has no South Carolina taxable income for the year, the filing of the SC1120S-WH is not required. S Corporations that report the income of their nonresident shareholders on a composite return are not required to withhold tax, file SC1120S-WH or file the I-309

What form do I use to pay the nonresident withholding withheld on behalf of nonresident shareholders of an S Corporation?

The Income Tax withheld is paid using for SC1120S-WH. Payment must be made by the 15th day of the third month following the taxable year end. Taxpayers requesting an extension of time to file the SC1120S must estimate an amount of income subject to withholding. There is no extension for filing the SC1120S-WH.

Pay online using our free tax portal, MyDORWAY, at dor.sc.gov/pay. Select Business Income Tax Payment to get started. Payments of $15,000 or more must be submitted electronically according to SC Code Section 12-5​4-250. The SC1120S-WH cannot be filed electronically. If you pay on MyDORWAY​, you must still mail your completed SC1120S-WH to the address on the form.

Failure to file the SC1120S-WH, along with full payment of the tax due, by the 15th day of the third month following the taxable year end of the S Corporation, will result in late file and late pay penalties along with interest.

The SC 1120S-WH must be submitted separately from the SC 1120S.

Payments made by SC 1120-CDP, SC 1120-T, or SC1040ES cannot be applied to the SC1120S-WH. Any overpayment on the SC1120S cannot be transferred to the SC1120S-WH. The overpayment on an SC1120S must be refunded or applied as a credit carry-forward to the next tax year. 

How can a nonresident shareholder of an S Corporation claim credit for withholding?

The S Corporation must provide nonresident shareholders an 1099-MISC with "South Carolina Only" written at the top showing respective amounts of income and tax withheld. Each nonresident shareholder must attach a copy of the 1099-MISC to their respective Income Tax return as verification for claiming credit for this withholding.

Payments made on the SC 1120S-WH cannot be claimed as payments on the SC 1120S and can only be claimed at the shareholder level.

The SC 1120S-WH is not required to be filed if the S Corporation has no South Carolina taxable income for the year. S Corporations that report the income of their nonresident shareholders on a composite return are not required to withhold tax, file an SC 1120S-WH or file affidavits.

If I am filing an extension (SC1120T) for my S Corporation, do I still need to withhold 5% of the South Carolina taxable income of the shareholders who are nonresidents of South Carolina?

Yes. S corporations requesting an extension of time to file the SC1120S must estimate South Carolina taxable income of nonresidents and pay 5% (.05) withholding tax on this amount. File the SC 1120S-WH by the 15th day of the third month following the taxable year end. 

There is no extension for filing the SC1120S-WH or making the payment.

Can I apply payments made on the SC1120S-WH to my S Corporation?

No. Payments made on the SC1120S-WH cannot be claimed as payments on SC1120S. Payments made on the SC1120S-WH are claimed on the Individual Income Tax return (SC1040​) of the shareholder.

Can I request a refund of the monies paid on an SC1120S-WH?

No. A refund must be requested by the shareholder on an SC1040.


Mailing addresses

​​Refund or Zero Return​Balance Due Return​​Estimated Tax (SC1120CDP), Tentative (SC1120T), or Voucher (SC1120V)​Correspondence
​​South Carolina Department of Revenue
Corporate Refund
PO Box 125
Columbia, SC 29214-0032
​South Carolina Department of Revenue
Corporate Tax
PO Box 100151
Columbia, SC 29202
​​South Carolina Department of Revenue
Corporate Voucher
PO Box 100153
Columbia, SC 29202
​South Carolina Department of Revenue 
Corporate Tax 
PO Box 125
Columbia, SC 29214-0400