Law & Policy- Income Taxes

INCOME TAX ADVISORY OPINIONS ×

Title	Number
Accounting Period Change – Returns Required	PLR89-14
Administration Expense of Estate – Deduction	TAM89-2
Apportionment – Election to File Consolidated Return	PLR88-17
Engineering Service Income	PLR13-3
Apportionment Factor – Applying for Alternative Method	RP15-2
	RP09-1
	RP95-4
Use of Alternative Apportionment Method – Including Combined Unitary Reporting	RR15-5
Economic Development & Applying For Alternative Method	RP15-3
	RPB02-4
	RP96-3
Apportionment Ratio:
Double Weighted Sales Factor	IL95-17
Intangible Drilling Costs – Property Factor	TAM88-12
Motor Carrier	PLR93-3
Single Sales Factor – Phase-in	RR09-15
Trade name and Trademark Licensing	PLR95-9
	PLR95-7
	TAM94-2
Assistance and Tax Relief:
Blackout Victims	IL03-18
Chlorine Leak in Graniteville	IL05-2
Coronavirus (COVID-19)	IL20-8
	IL20-4
	IL20-3
Earthquake Victims	IL94-2
Flood Victims	IL15-14
Hurricane Victims	IL24-17
	IL24-12
	IL23-12
	IL22-19
	IL18-13
	IL16-12
Individual Income Tax Relief - Tax Year 2020	IL21-14
	IL21-7
Storm, Tornado, and Flood Victim	IL20-16
	IL11-7
Military Personnel (See Military Personnel)
Other Special Relief – VA Tech Shootings/Intuit Problems	IL07-10
	IL07-9
Snow Storm Victims	IL93-5
Terrorist Attacks	RPB01-9
	TRPB01-9
Tornado Victims	IL11-6
Wildfire Victims	IL03-24
Backup Income Tax Withholding (See Withholding)
Bank Franchise Tax (See Miscellaneous Taxes Section)
Burial Contract – Pre-Need Service Trust Agreement	RR88-3
	PLR88-8
Capital Gains:
Estimated Tax	PLR89-5
Lump Sum Distribution (Pre '74)	IL88-3
Nonresident Treatment Upon Moving to SC	PLR92-1
Penalty Waiver of 1991 Estimated Tax Underpayment	IL91-14
Refunds of LTCG Pursuant to a Written Contract of Sale	RR91-1
	IL89-30
	IL89-1
	IL88-15
Special (Second Installment) Refund	IL97-24
Catastrophe Savings Accounts - Taxability of Contributions and Withdrawals	RR21-11
C-Corporations:
Reporting Federal Income Tax Adjustments Made by the Internal Revenue Service	RP16-1
College Savings Plan 529 – Future Scholar	IL24-4
	IL20-14
Consolidated Returns:
Computation of SC Net Income	RR88-10
	TAM88-8
Corporate Distribution – From Out-of-State Corporation	PLR88-12
Corporations Permitted to File	PLR12-4
Election to File	PLR88-17
Method of Computing SC Net Income	TAM89-15
Net Operating Loss Carry Forward of Affiliated Group	TAM89-22
Net Operating Loss Deduction	TAM87-12
Regulation – Correction of Misprint	IL91-16
Use of Net Operating Losses Following a Change in Ownership	RR16-7
Corporate Headquarters Credit:
Expansion – Qualifying Costs/Employees	PLR91-3
	PLR89-19
	PLR89-7
Legislative Changes in 1992	IL92-14
Per-Capita Income for State – (See Per Capita Income below)
Regional Headquarters – Qualifying Costs/Lease	PLR91-2
Use Against License Tax	PRO01-1
Credits:
Abandoned Building/Textile/Retail Credits – Summary Chart	IL15-9
Abandoned Building Revitalization Act	RR15-7
	PLR14-3
Additional Rules for State-Owned Abandoned Buildings	RR15-12
AFDC Recipients Hired – Credit Amount	IL95-19
Verification of Benefits	IL97-5
Amendment to the Maximum Abandoned Building Revitalization Credit	IL24-6
Angel Investor Credit	IL15-22
	RR14-6
Biomass Energy Credits to Limited Liability Company	PLR11-6
Child & Dependent Care Credit of Nonresident (See Nonresident)
College Tuition	RR24-3
	RR09-3
	RAB00-1
	TRAB00-1
	RR99-4
Community Development Credit – Credit Limit Increase for Tax Years 2021 and Thereafter	IL21-16
Conservation Credit - Transfer of	RP08-1
	RPB01-11
Corporate Headquarters (See Corporate Headquarters Credit)
Displaced Worker – County Rankings	IL96-23
Economic Impact Zone Investment Tax Credit – Availability	RR97-8
County Rankings	IL96-23
Qualification of Communication Property	PLR98-2
Refunds Claims	IL07-2
Extension of Credit and General Guidance	IL21-13
Formerly Incarcerated Individuals – Tax Credit for Hiring	RR23-2
Infrastructure Credit	TAM89-14
Low-Income Housing Tax Credit	RR21-5
	RR21-1
Manufactured Homes - Energy Efficient	IL24-5
	IL19-21
	IL19-18
Minority Business	PLR89-17
Motion Picture Project Credits	RR99-10
New Jobs (See Jobs Tax Credit)
Palmetto Seed Credit	IL90-27
Preceptor Clinical Rotation – Credits & Deductions	RR20-2
Refundable Motor Fuel Income Tax Credit	RR17-6
Rehabilitation Credits for Historic Structures and Historic Residential Structures	RR24-6
Retail Facilities Revitalization Credit	RR15-9
Solar Energy Credit	RR24-2
Solar Energy and Small Hydropower Systems Credit	IL09-16
Taxes Paid to Another State – Married Filing Jointly	TAM88-10
Pension Income	PLR87-7
Textile Revitalization Credit	RR15-8
	PLR06-3
Veterans – Tax Credit for Hiring	RR23-1
Deduction:
Age 65 and Older	RR22-11
	RR21-13
	IL97-23
Charitable Deduction for Individuals Claiming the Standard Deduction for 2020	IL20-34
State, Local, or Foreign Tax Deduction Allowed or Disallowed – Survey Responses	RR09-10
	RR03-6
Disability – Withholding of Long-Term Disability Benefit Plan	PLR88-1
DISCs (See Administrative Section)
Due Date of Return (See Administrative Section)
Election – Tax Year Other Than Required Tax year	IL88-6
Energy Incentives for Individuals	IL06-23
Enterprise Zone Benefits:
Job Development Fee	PLR95-5
Question and Answer Document	IL95-29
Summary of 1995 Enacting Legislation	IL95-13
Estimated Assessments – Procedure	TAM87-9
Estimated Tax:
Corporate Declaration	IL87-7
Interest Computation	TAM87-7
Penalty for Underpayment (See Administrative Section)
Requirements – Individual and Corporate Changes in 1992	IL92-18
Requirements – Individual and Corporate	IL87-3
Exempt Interest:
Bonds Issued by Puerto Rico	RR87-3
Dividends of State and Federal Obligations	PLR87-6
G.N.M.A. Securities	RR87-6
	RR87-4
	TAM87-4
Guidelines – Examples of Exempt and Non-exempt Interest	RR16-2
	RR91-15
Interest Dividends Distributed by Money Market Funds	IL88-7
Interest Dividends Distributed by Mutual Funds	PLR93-8
Exempt Organizations – Filing Requirements	IL92-15
Federal COVID-19 Economic Stimulus Payments	IL20-13
Federal Economic Stimulus Payment of 2008	IL08-7
Federal Government Obligations (See Exempt Interest)
Federal Payroll Protection Program Loans for Small Businesses due to COVID-19	IL20-28
Foreign Dividend Income	RR92-13
Foreign Sales Corporations – Deduction for Commissions	RR98-14
Income Tax Conformity
General:
Bonus Depreciation Not Adopted	IL03-17
Federal Taxpayer Relief Act of 1997	IL98-2
2004 Temporary Proviso (Conformity and Exceptions)	RR05-2
Federal Tax Cuts & Jobs Act of 2017 Issues:
Federal Tax Cuts & Jobs Act of 2017 and SC Taxpayer Protection & Relief Act of 2018 – Charts of Federal & SC Treatment as of February 9, 2018	IL19-7
Proposed Treasury Regulation 1.170A-1 – Potential Impact on Charitable Contribution Deduction and State Tax Credits	IL19-10
State Tax Addback Calculation - $10,000 Federal Tax Deduction Limit	RR19-1
Federal Cares Act of 2020 and Consolidated Appropriations Act of 2021 Issues:
Retirement Income Deduction – Applicability to COVID-Related Distributions from Retirement Plans under the Federal CARES Act of 2020	RR21-12
COVID-Related Distributions from Retirement Plans	IL21-15
Earned Income Credit Computation for 2020	IL21-4
Impact of Treasury Regulation on Charitable Contribution Deduction and State Tax Credits	RR21-4
Internal Revenue Code Conformity Updates	IL21-7
Income Tax Regulations – Repealed	IL88-14
Individual Retirement Account – Distribution from Government Obligations	TAM89-23
Taxability of Withdrawals	PLR89-4
Installment Sale – Nonresident Treatment Upon Moving to SC	PLR92-1
Insurance – Hurricane Rental	RR14-7
Interest Expense Incurred to Buy Out-of-State Corp. – Deduction	PLR88-12
Internal Revenue Code Section 163(j)	RR21-2
Internal Revenue Code Section 338(h)(10) Election – Tax Consequences	RR09-4
Investment Income of Children Under Age 14	TAM90-10
Job Tax Credit:
Computation and Examples	RR19-11
	RR99-5
Definitions – Expansion	RR05-5
Full Time Employee and Service Related Industry	RR87-5
Designation of Counties for 2025	IL24-21
Designation of Counties for 2024	IL23-18
Designation of Counties for 2023	IL22-23
Designation of Counties for 2022	IL21-28
Designation of Counties for 2021	IL20-33
Designation of Counties for 2020	IL19-29
Designation of Counties for 2019	IL19-2
Designation of Counties for 2018	IL17-16
Designation of Counties for 2017	IL16-18
Designation of Counties for 2016	IL15-17
Designation of Counties for 2015	IL15-1
Designation of Counties for 2014	IL13-19
Designation of Counties for 2013	IL13-6
Designation of Counties for 2012	IL12-19
Designation of Counties for 2011	IL11-4
Designation of Counties for 2010	IL10-1
Designation of Counties for 2009	IL09-1
Designation of Counties for 2008	IL08-1
Designation of Counties for 2007 (Revised)	IL07-3
Designation of Counties for 2006 (Modified)	RR07-1
	IL06-1
Designation of Counties for 2005	IL05-3
Designation of Counties for 2004	IL03-30
Designation of Counties for 2003	IL03-1
Designation of Counties for Tax Years Beginning after 6/18/02	RIB02-14
Designation of Counties for 2002	RIB02-5
Designation of Counties for 2001	RIB01-4
Designation of Counties for 2000	RIB00-4
Designation of Counties for 1999	IL99-2
Designation of Counties for 1998	IL98-1
Designation of Counties for 1997 (Revised)	IL97-16
Designation of Counties for 1997	IL97-2
Designation of Counties for 1996 (Rural Development Act)	IL96-20
Designation of Counties for 1996 (Corrected)	IL96-12
Designation of Counties for 1996	IL96-2
Designation of Counties for 1995	IL95-2
Designation of Counties for 1994	IL94-1
Designation of Counties for 1993	IL93-3
Designation of Counties for 1992	IL92-4
Designation of Counties for 1991	IL91-3
Designation of Counties for 1990	IL90-4
Designation of Counties for 1989	IL88-23
Designation of Counties for 1988	IL88-1
Designation of Counties for 1987	IL87-2
Eligibility of New Division/Calculation of Credit	PLR95-5
Per Capita Income for Counties (See Per Capita Income below)
Qualification – Corporate Office Facility	RR98-10
Requirements, Explanation, Examples and Worksheet	IL87-2
Small Business Provisions – Computation and Examples of New Provisions	RR19-11
	RR07-2
	RR05-17
Subsidiaries	PLR89-1
Use of Credit By C Corporation if Jobs Created While S Corp	PLR95-3
Use of Credit While Constructing Permanent Facility	PLR94-5
Lease-Depreciation of Safe Harbor Lease Transactions	TAM88-9
Lease Payments – Certificate of Indebtedness	PLR88-7
Limited Liability Company – Check the Box Final Regulations	IL96-25
Entity Classification	IL96-15
Single Member	RR98-11
Marriage – Filing Guidance	RR14-1
Common-Law Marriage Tax Treatment	RR21-3
Same-Sex	RR14-8
	TRR14-8
Military – (See also National Guard)
Combat Pay	RIB02-1
Federal Military Servicemembers Civil Relief Act	RR24-5
	RR21-10
	RR10-5
	TRR10-5
	IL09-21
Nonresident Military – Computation of Taxable Income	RR06-1
Operation Allied Force	RP99-2
Operation Desert Storm	IL91-18
	IL91-6
Operation Enduring Freedom	RPB02-1
	TRPB02-1
Operation Iraqi Freedom	RP03-2
	TRP03-2
Operation Joint Endeavor	RP96-2
	IL96-5
Tax Relief for Personnel Serving in Combat Zones	RP08-3
Minority Business Credit (See Credits)
Motor Carrier and Railroad Employees – Nonresident Compensation	IL90-34
Motor Carriers – Corporate Return Requirements	IL90-30
Moving Expense Deduction-Allocation	RR88-4
	PLR88-9
	IL88-5
National Guard or Reserve Members – Deduction for Compensation Paid	RR09-16
	TAM89-16
Nexus:
Activities Exceeding Solicitation	PLR91-4
Common Carrier	PLR89-13
Doing Business	PLR87-5
Filing Requirement Where Nexus is an Issue (Voluntary Filer)	RP20-2
	RP09-2
	RP07-1
	RPB01-5
	RP96-1
	RP92-2
Geoffrey Implications – Non Taxable Examples	RR08-1
	RR98-3
Geoffrey, Inc. v. South Carolina Tax Commission	IL94-5
	IL93-20
Leasing Activities	PLR94-8
Licensing of Intangibles/Sourcing Royalty Income	PLR03-1
Nexus Creating Activities for Income Taxes – Survey Responses	RR16-11
Protected Activities (Public Law 86-272)	RR97-15
	RR93-10
	RR91-16
Solicitation Standard Necessary	PLR88-19
Nonresident – Child & Dependent Care Credit	IL90-21
Joint Return Filing Status	IL90-21
Partnerships:
Conversion to Limited Liability Company	RR95-9
Sale of a Partnership Interest	PLR24-1
Nonresident Partner – Filing Single Returns	TAM87-10
Nonresident Partner – NOL Deduction	TAM87-6
Income of Limited Partner Not Taxable	PLR95-2
Personal Service Income of Resident Partners	RR97-7
Withholding on Nonresident Partners (See Withholding)
Pass Through Business (Entity)
Active Trade or Business – Annual Election to Pay Tax at Entity Level	RR21-15
Optional Rate on Active Trade or Business Income	RR08-2
	RR06-12
SC Tax Forms and Reporting Issues for Tax Year 2021	IL22-4
Penalty (See Administrative Section)
Per Capita Income for Counties	IL24-20
	IL23-16
	IL22-24
	IL21-27
	IL20-32
	IL19-27
	IL19-1
	IL17-17
	IL16-17
	IL15-21
	IL14-15
	IL13-20
	IL12-18
	IL12-16
	IL12-6
	IL11-17
	IL11-8
	IL10-4
	IL09-6
	IL08-8
	IL07-11
	IL06-11
	IL05-14
	IL04-12
	IL03-12
	RIB02-9
	RIB01-11
Per Capita Income for State	IL24-20
	IL24-3
	IL23-16
	IL23-5
	IL22-5
	IL21-11
	IL21-27
	IL20-32
	IL20-10
	IL19-27
	IL19-11
	IL19-1
	IL18-6
	IL17-17
	IL17-11
	IL16-17
	IL15-21
	IL14-15
	IL12-18
	IL12-6
	IL11-17
	IL11-8
	IL10-12
	IL10-4
	IL09-19
	IL09-6
	IL08-22
	IL08-08
	IL07-18
	IL07-11
	IL06-20
	IL06-10
	IL05-27
	IL05-12
	IL04-25
	IL04-11
	IL03-29
	IL03-11
	RIB02-20
	RIB02-10
	RIB01-17
	RIB01-12
	RIB00-13
	IL99-1
Use of Figures	RR99-11
Public Law 86-272 (See Nexus)
Qualified Recycling Facility	PLR97-2
Real Estate Investment Trust	PLR92-7
Real Estate Sales by Nonresidents (See Withholding)
Refund:
One-Time Individual Income Tax Rebate for Tax Year 2021	IL22-18 (revised)
$50 Tax Refund (Rebate) for Eligible 2018 Tax Returns	IL19-24
Estimated Assessments	TAM87-9
Incorrect Oral Information Received From Tax Commission	TAM89-3
One-Time Individual Income Tax Refund (Rebate) in 2022	IL22-18
Refund Checks	RR89-2
Regulations
Approved in 2006 – Tax Credits for Fortification Measures	IL09-11
Voluntary Check-offs – Reg. #117-875	IL06-3
Capitalization and Deduction for Tangible Personal Property	IL14-11
Reorganization/Cross Reference Table	IL03-13
Repealed	IL88-14
Reorganization (Savings and Loan)	PLR90-6
Retirement Benefits – State Employees, Teachers, Police & Firemen	IL89-20
Retirement Income:
Disability or Regular Retirement Plan	RR96-1
Election	RR95-15
Election Not Intended – Amend Return	IL98-20
Surviving Spouse	RR22-11
	RR21-13
	RR94-9
	RR93-12
	IL94-3
S Corporations:
Distribution from Nonresident S Corporation	PLR88-12
Election	TAM89-24
Income from Out of State	RR87-2
Qualified Subchapter S Subsidiaries	RP98-1
Withholding on Nonresident Shareholders (See Withholding)
SC Business Development Corporations	RR96-10
State Agency-Thrift Shop (Tax Exemption)	PLR87-8
Student Loan Debt Forgiveness – SC Tax Treatment	IL22-14
Subsistence Allowance:
Firefighters and EMS Personnel	RR96-5
Increase for 2003	IL04-1
Tax Moratorium for Corporate/Insurance Premium Taxes:
Procedure to Petition for and Claim	RP04-6
Qualifying Counties for 2025	IL24-21
Qualifying Counties for 2024	IL23-18
Qualifying Counties for 2023	IL22-23
Qualifying Counties for 2022	IL21-28
Qualifying Counties for 2021	IL20-33
Qualifying Counties for 2020	IL19-29
Qualifying Counties for 2019	IL19-2
Qualifying Counties for 2018	IL17-16
Qualifying Counties for 2017	IL16-18
Qualifying Counties for 2016	IL15-17
Qualifying Counties for 2015	IL15-1
Qualifying Counties for 2014	IL13-19
Qualifying Counties for 2013	IL13-6
Qualifying Counties for 2012	IL12-19
Qualifying Counties for 2011	IL11-4
Qualifying Counties for 2010	IL10-1
Qualifying Counties for 2009	IL09-1
Qualifying Counties for 2008	IL08-2
Qualifying Counties for 2007	IL07-3
Qualifying Counties for 2006	RR07-1
Qualifying Counties for 2005	IL05-3
Qualifying Counties for 2004	IL03-30
Qualifying Counties for 2003	IL03-4
Qualifying Counties for 2002	RIB02-5
Qualifying Counties for 2001	RIB01-4
Qualifying Counties for 2000	RIB00-22
Qualifying Counties for 1999	RIB00-4
Tax Rate – Optional Rate on Active Trade or Business Income (See Pass Through Business)
Timber Deeds	IL94-31
Trust-Short Period Return	IL89-2
Unemployment Compensation	IL21-14
	IL20-15
Withholding:
Backup Income Tax – Repealed	IL90-6
	IL89-19
	RR89-20
Long-Term Disability Benefit Plan	PLR88-1
Magnetic Media Requirements	RIB00-19
	IL98-26
Magnetic Media Requirements-Withdrawal of Policy Documents	RP08-5
National Guard Nontaxable Pay	RR09-16
New Due Dates for Certain Withholding Filing and Remittances	IL17-3
Nonresident Contractors:
Additional Exemptions after December 31, 1992	IL92-16
Credit for 2% Withholding Tax	RP90-1
Withholding Bond	TAM88-2
Nonresident Partners and Shareholders	RP17-2
	TRP17-2
	RP92-5
Payments After 6-30-90-Update IRC Definition	IL90-20
Penalties (See Administrative Section)
Performers	PLR94-9
Real Estate Sales by Nonresidents	RR09-13
	RAB02-6
	RR90-3
	RR89-19
	RR89-15
	IL89-22
Utility	IL90-11
W-4	TAM88-21
Wage Withholding – Employer Requirements, Exemptions, and Examples	RR22-3
Withholding Agent-Definition	RP94-4
Withholding Deposits:
Interest on Late Deposits	RR95-17
	TAM93-1
IRS New Regulations	RIB01-2
	IL98-13
	IL93-16
	IL92-31
One-Day Withholding Deposits	RP90-5
Withholding Tax Tables – Annual Updates	IL16-15
Workers Temporarily Working Remotely due to COVID-19
Extended Tax Relief – June 30, 2022	RR22-3
Extended Tax Relief – March 31, 2022	IL21-31
Extended Tax Relief – September 30, 2021	IL21-8
Extended Tax Relief – June 30, 2021	IL20-29
Extended Tax Relief – December 31, 2020	IL20-24
Workers Temporarily Working Remotely due to COVID-19	IL21-22
Nexus and Income Tax Withholding Requirements	IL20-11