South Carolina 2025-2026 Regular Session

South Carolina House Bill H4216 Compare Versions

OldNewDifferences
11 South Carolina General Assembly126th Session, 2025-2026
22
33 Bill 4216
44
55 Indicates Matter StrickenIndicates New Matter
66
77 (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
88
99 A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-6-510, RELATING TO INCOME TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO REDUCE THE INCOME TAX RATE TO A FLAT 3.99 PERCENT AND TO SET FORTH STANDARDS FOR ADDITIONAL REDUCTIONS; BY AMENDING SECTION 12-6-50, RELATING TO INTERNAL REVENUE CODE SECTIONS SPECIFICALLY NOT ADOPTED BY THE STATE, SO AS TO NOT ADOPT THE FEDERAL STANDARD DEDUCTION AND ITEMIZED DEDUCTION; BY AMENDING SECTION 12-6-1140, RELATING TO INCOME TAX DEDUCTIONS, SO AS TO ALLOW FOR A SOUTH CAROLINA INCOME ADJUSTED DEDUCTION (SCIAD); BY AMENDING SECTION 12-6-4910, RELATING TO PERSONS REQUIRED TO FILE A TAX RETURN, SO AS TO MAKE A CONFORMING CHANGE TO THE CALCULATION; AND BY AMENDING SECTION 12-6-1720, RELATING TO ADJUSTMENTS TO THE TAXABLE INCOME OF NONRESIDENT INDIVIDUALS, SO AS TO MAKE A CONFORMING CHANGE. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 12-6-510 of the S.C. Code is amended to read: Section 12-6-510. (A) Subject to the provisions of subsection (B), forFor taxable years beginning after 19942025, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 equal to 3.99 percent.computed at the following rates with the income brackets indexed in accordance with Section 12-6-520: 34 Not over $2,220 2.5 percent of taxable income; 35 Over $2,220 but not over $4,440 $56 plus 3 percent of the excess over $2,220; 36 Over $4,440 but not over $6,660 $123 plus 4 percent of the excess over $4,440; 37 Over $6,660 but not over $8,880 $212 plus 5 percent of the excess of $6,660; 38 Over $8,880 but not over $11,100 $323 plus 6 percent of the excess over $8,880; 39 Over $11,100 $456 plus 7 percent of the excess over $11,100.
1010
1111
1212
1313
1414
1515
1616
1717
1818
1919
2020
2121
2222
2323
2424
2525
2626
2727 A bill
2828
2929
3030
3131 TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-6-510, RELATING TO INCOME TAX RATES FOR INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO REDUCE THE INCOME TAX RATE TO A FLAT 3.99 PERCENT AND TO SET FORTH STANDARDS FOR ADDITIONAL REDUCTIONS; BY AMENDING SECTION 12-6-50, RELATING TO INTERNAL REVENUE CODE SECTIONS SPECIFICALLY NOT ADOPTED BY THE STATE, SO AS TO NOT ADOPT THE FEDERAL STANDARD DEDUCTION AND ITEMIZED DEDUCTION; BY AMENDING SECTION 12-6-1140, RELATING TO INCOME TAX DEDUCTIONS, SO AS TO ALLOW FOR A SOUTH CAROLINA INCOME ADJUSTED DEDUCTION (SCIAD); BY AMENDING SECTION 12-6-4910, RELATING TO PERSONS REQUIRED TO FILE A TAX RETURN, SO AS TO MAKE A CONFORMING CHANGE TO THE CALCULATION; AND BY AMENDING SECTION 12-6-1720, RELATING TO ADJUSTMENTS TO THE TAXABLE INCOME OF NONRESIDENT INDIVIDUALS, SO AS TO MAKE A CONFORMING CHANGE.
3232
3333
3434
3535 Be it enacted by the General Assembly of the State of South Carolina:
3636
3737
3838
3939 SECTION 1. Section 12-6-510 of the S.C. Code is amended to read:
4040
4141
4242
4343 Section 12-6-510. (A) Subject to the provisions of subsection (B), forFor taxable years beginning after 19942025, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 equal to 3.99 percent.computed at the following rates with the income brackets indexed in accordance with Section 12-6-520:
4444
4545 34 Not over $2,220 2.5 percent of taxable income;
4646 35 Over $2,220 but not over $4,440 $56 plus 3 percent of the excess over $2,220;
4747 36 Over $4,440 but not over $6,660 $123 plus 4 percent of the excess over $4,440;
4848 37 Over $6,660 but not over $8,880 $212 plus 5 percent of the excess of $6,660;
4949 38 Over $8,880 but not over $11,100 $323 plus 6 percent of the excess over $8,880;
5050 39 Over $11,100 $456 plus 7 percent of the excess over $11,100.
5151
5252 34
5353
5454 Not over $2,220
5555
5656 2.5 percent of taxable income;
5757
5858 35
5959
6060 Over $2,220 but not over $4,440
6161
6262 $56 plus 3 percent of the excess over $2,220;
6363
6464 36
6565
6666 Over $4,440 but not over $6,660
6767
6868 $123 plus 4 percent of the excess over $4,440;
6969
7070 37
7171
7272 Over $6,660 but not over $8,880
7373
7474 $212 plus 5 percent of the excess of $6,660;
7575
7676 38
7777
7878 Over $8,880 but not over $11,100
7979
8080 $323 plus 6 percent of the excess over $8,880;
8181
8282 39
8383
8484 Over $11,100
8585
8686 $456 plus 7 percent of the excess over $11,100.
8787
8888 (B)(1) Notwithstanding subsection (A), for taxable years beginning after 2021, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following
8989
9090
9191
9292 (B)(1) Notwithstanding subsection (A), for taxable years beginning after 2021, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following
9393
9494 rates with the income brackets indexed in accordance with Section 12-6-520: 2 At Least But less than Compute the tax as follows 3 $0 $3,200 0% times the amount 4 5 $3,200 $16,040 3% times the amount minus $96 6 7 $16,040 or more 6% times the amount minus $577
9595
9696 rates with the income brackets indexed in accordance with Section 12-6-520:
9797
9898 2 At Least But less than Compute the tax as follows
9999 3 $0 $3,200 0% times the amount
100100 4 5 $3,200 $16,040 3% times the amount minus $96
101101 6 7 $16,040 or more 6% times the amount minus $577
102102
103103 2
104104
105105 At Least
106106
107107 But less than
108108
109109 Compute the tax as follows
110110
111111 3
112112
113113 $0
114114
115115 $3,200
116116
117117 0% times the amount
118118
119119 4
120120
121121 5
122122
123123 $3,200
124124
125125 $16,040
126126
127127 3% times the amount minus $96
128128
129129 6
130130
131131 7
132132
133133 $16,040
134134
135135 or more
136136
137137 6% times the amount minus $577
138138
139- (2) Notwithstanding the provisions of item (1), the reduction in the top marginal rate contained in this item, as compared to the same in subsection (A), must be phased-in as provided in item (3). Until the top marginal rate is fully phased-in, the bracket to which this reduced top marginal rate applies must be the same as the bracket for the top marginal rate provided in subsection (A). All reductions are permanent and cumulative. During the phase-in and after, the department shall continue to adjust the brackets as provided in Section 12-6-520. Other than the top marginal rate, no other component of this item is phased-in. (3) For Tax Year 2022, the top marginal rate shall equal 6.5%. Beginning with Tax Year 2023, and each year thereafter until the top marginal rate equals 6%, the top marginal rate must decrease by one-tenth of one percent if general fund revenues are projected to increase by at least five percent in the fiscal year that begins during the tax year. For purposes of this subsection, beginning with the initial forecast required pursuant to Section 11-9-1130, the general fund revenues projection must be determined by the Revenue and Fiscal Affairs Office by comparing the current fiscal year's recurring general fund expenditure base with the Board of Economic Advisors' most recent projection of recurring general fund revenue for the upcoming fiscal year. Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Department of Revenue of the projected percentage adjustment. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage adjustment. However, the forecast in effect on February fifteenth of the current fiscal year is the final forecast for which the percentage adjustment is determined, and no subsequent forecast modifications may have any effect on that determination. For purposes of this section, "recurring general fund revenue" and "recurring general fund expenditure base" have the same meaning as provided in Section 6-27-30. (C) The department may prescribe tax tables consistent with the rates set pursuant to this section. (B)(1) Notwithstanding the provisions of subsection (A), beginning with Tax Year 2027 and each year thereafter, the income tax rate set forth in subsection (A) must be decreased if individual income tax revenues collected pursuant to this chapter, minus amounts credited to the Trust Fund for Tax Relief, are projected to increase by at least five percent in the fiscal year that begins during the tax year in comparison to projected individual income tax revenues collected pursuant to this chapter, minus amounts credited to the Trust Fund for Tax Relief, for the current fiscal year. The reduction required by this subsection shall continue until the income tax rate equals 2.49 percent. The Board of Economic Advisors shall make the determination regarding income tax projections beginning with the initial forecast required pursuant to Section 11-9-1130. (2) If the five percent threshold set forth in item (1) is met, the income tax rate shall be permanently and cumulatively reduced by a percentage that the Board of Economic Advisors projects to result in a reduction in individual income tax revenues collected pursuant to this chapter equal to two hundred million dollars in the fiscal year that begins during the tax year. However, if the five percent threshold set forth in item (1) is met and is not projected to result in increased collections of at least two hundred million dollars in the fiscal year that begins during the tax year, then the reduction is limited to the projected amount of increased collections. Any reduction made pursuant to this subsection must be rounded up to the nearest hundredth of a percent. (3) Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Department of Revenue of the projected percentage adjustment. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage adjustment. However, the forecast in effect on February fifteenth of the current fiscal year is the final forecast for which the percentage adjustment is determined, and no subsequent forecast modifications may have any effect on that determination. SECTION 2. Section 12-6-50 of the S.C. Code is amended by adding: (21) Section 63(b) through (g) relating to standard deductions and the itemized deduction. SECTION 3. Section 12-6-1140 of the S.C. Code is amended by adding: (15)(a) subject to subitem (b), a South Carolina Income Adjusted Deduction (SCIAD) equal to: (i) six thousand dollars for taxpayers that file as single or married filing separately; (ii) nine thousand dollars for taxpayers that file as head of household; and (iii) twelve thousand dollars for taxpayers that file as married filing jointly or as a surviving spouse. (b)(i) The deduction set forth in subitem (a)(i) is subject to being reduced by a fraction whereby the numerator is the amount the taxpayer's South Carolina taxable income exceeds thirty thousand dollars and the denominator is ten thousand. (ii) The deduction set forth in subitem (a)(ii) is subject to being reduced by a fraction whereby the numerator is the amount the taxpayer's South Carolina taxable income exceeds forty five thousand dollars and the denominator is fifteen thousand. (iii) The deduction set forth in subitem (a)(iii) is subject to being reduced by a fraction whereby the numerator is the amount the taxpayer's South Carolina taxable income exceeds sixty thousand dollars and the denominator is twenty thousand. (iv) If the fraction calculated by this subitem is equal to or exceeds one, then the deduction is not allowed. If the fraction is zero, then the deduction is not subject to being reduced. If the fraction is between zero and one, then the deduction must be reduced by the corresponding fraction. (c) Any reduction amount which is not a multiplier of ten dollars must be rounded to the next lowest ten dollars. SECTION 4. Section 12-6-4910(1) of the S.C. Code is amended to read: (1)(a) an individual not listed in subitem (c) who has a gross income for the taxable year of at least the federal exemption amount plus the applicable basic standard deduction, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction, and whose filing status is: (i) single, surviving spouse, or head of household; or (ii) married, filing separately, and whose spouse does not itemize deductions (a) an individual whose filing status is single, surviving spouse, head of household, or married filing separately and whose South Carolina gross income for the taxable year is more than the sum of the deduction amount pursuant to Section 12-6-1140(15)(a) in accordance with the taxpayer's filing status plus the deduction amount the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction. (b) an individual not listed in (c) who files a joint return and whose combined gross income for the taxable year, is more than the sum of twice the exemption amount plus the applicable basic standard deduction if the individual and spouse had the same household at the close of the taxable year, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B). If the individual or spouse is sixty-five or older, the standard deduction is increased as provided in Internal Revenue Code Section 63(c)(3) and 63(f)(1). (c) an individual listed below whose gross income exceeds the federal personal exemption amount: (i) an individual making a return under Internal Revenue Code Section 443(a)(1) for less than twelve months because of a change in the individual's annual accounting period; (ii) an individual described in Internal Revenue Code Section 63(c)(5) (Certain Dependents) who has unearned income in excess of the amount provided in Internal Revenue Code Section 63(c)(5)(A), or who has total gross income in excess of the standard deduction; (iii) an individual for whom the standard deduction is zero. (d) a nonresident individual with South Carolina gross income greater than the personal exemption amount provided in Internal Revenue Code Section 151(d). (e) for purposes of this subsection: (i) "basic standard deduction" is as defined in Internal Revenue Code Section 63(c); (ii) "exemption amount" is as defined in Internal Revenue Code Section 151(d). In the case of an individual described in Internal Revenue Code Section 151(d)(2), the exemption amount is zero
139+ (2) Notwithstanding the provisions of item (1), the reduction in the top marginal rate contained in this item, as compared to the same in subsection (A), must be phased-in as provided in item (3). Until the top marginal rate is fully phased-in, the bracket to which this reduced top marginal rate applies must be the same as the bracket for the top marginal rate provided in subsection (A). All reductions are permanent and cumulative. During the phase-in and after, the department shall continue to adjust the brackets as provided in Section 12-6-520. Other than the top marginal rate, no other component of this item is phased-in. (3) For Tax Year 2022, the top marginal rate shall equal 6.5%. Beginning with Tax Year 2023, and each year thereafter until the top marginal rate equals 6%, the top marginal rate must decrease by one-tenth of one percent if general fund revenues are projected to increase by at least five percent in the fiscal year that begins during the tax year. For purposes of this subsection, beginning with the initial forecast required pursuant to Section 11-9-1130, the general fund revenues projection must be determined by the Revenue and Fiscal Affairs Office by comparing the current fiscal year's recurring general fund expenditure base with the Board of Economic Advisors' most recent projection of recurring general fund revenue for the upcoming fiscal year. Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Department of Revenue of the projected percentage adjustment. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage adjustment. However, the forecast in effect on February fifteenth of the current fiscal year is the final forecast for which the percentage adjustment is determined, and no subsequent forecast modifications may have any effect on that determination. For purposes of this section, "recurring general fund revenue" and "recurring general fund expenditure base" have the same meaning as provided in Section 6-27-30. (C) The department may prescribe tax tables consistent with the rates set pursuant to this section. (B)(1) Notwithstanding the provisions of subsection (A), beginning with Tax Year 2027 and each year thereafter, the income tax rate set forth in subsection (A) must be decreased if individual income tax revenues collected pursuant to this chapter, minus amounts credited to the Trust Fund for Tax Relief, are projected to increase by at least five percent in the fiscal year that begins during the tax year
140140
141141
142142
143143 (2) Notwithstanding the provisions of item (1), the reduction in the top marginal rate contained in this item, as compared to the same in subsection (A), must be phased-in as provided in item (3). Until the top marginal rate is fully phased-in, the bracket to which this reduced top marginal rate applies must be the same as the bracket for the top marginal rate provided in subsection (A). All reductions are permanent and cumulative. During the phase-in and after, the department shall continue to adjust the brackets as provided in Section 12-6-520. Other than the top marginal rate, no other component of this item is phased-in.
144144
145145 (3) For Tax Year 2022, the top marginal rate shall equal 6.5%. Beginning with Tax Year 2023, and each year thereafter until the top marginal rate equals 6%, the top marginal rate must decrease by one-tenth of one percent if general fund revenues are projected to increase by at least five percent in the fiscal year that begins during the tax year. For purposes of this subsection, beginning with the initial forecast required pursuant to Section 11-9-1130, the general fund revenues projection must be determined by the Revenue and Fiscal Affairs Office by comparing the current fiscal year's recurring general fund expenditure base with the Board of Economic Advisors' most recent projection of recurring general fund revenue for the upcoming fiscal year. Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Department of Revenue of the projected percentage adjustment. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage adjustment. However, the forecast in effect on February fifteenth of the current fiscal year is the final forecast for which the percentage adjustment is determined, and no subsequent forecast modifications may have any effect on that determination. For purposes of this section, "recurring general fund revenue" and "recurring general fund expenditure base" have the same meaning as provided in Section 6-27-30.
146146
147- (C) The department may prescribe tax tables consistent with the rates set pursuant to this section. (B)(1) Notwithstanding the provisions of subsection (A), beginning with Tax Year 2027 and each year thereafter, the income tax rate set forth in subsection (A) must be decreased if individual income tax revenues collected pursuant to this chapter, minus amounts credited to the Trust Fund for Tax Relief, are projected to increase by at least five percent in the fiscal year that begins during the tax year in comparison to projected individual income tax revenues collected pursuant to this chapter, minus amounts credited to the Trust Fund for Tax Relief, for the current fiscal year. The reduction required by this subsection shall continue until the income tax rate equals 2.49 percent. The Board of Economic Advisors shall make the determination regarding income tax projections beginning with the initial forecast required pursuant to Section 11-9-1130.
147+ (C) The department may prescribe tax tables consistent with the rates set pursuant to this section. (B)(1) Notwithstanding the provisions of subsection (A), beginning with Tax Year 2027 and each year thereafter, the income tax rate set forth in subsection (A) must be decreased if individual income tax revenues collected pursuant to this chapter, minus amounts credited to the Trust Fund for Tax Relief, are projected to increase by at least five percent in the fiscal year that begins during the tax year
148+
149+ in comparison to projected individual income tax revenues collected pursuant to this chapter, minus amounts credited to the Trust Fund for Tax Relief, for the current fiscal year. The reduction required by this subsection shall continue until the income tax rate equals 2.49 percent. The Board of Economic Advisors shall make the determination regarding income tax projections beginning with the initial forecast required pursuant to Section 11-9-1130. (2) If the five percent threshold set forth in item (1) is met, the income tax rate shall be permanently and cumulatively reduced by a percentage that the Board of Economic Advisors projects to result in a reduction in individual income tax revenues collected pursuant to this chapter equal to two hundred million dollars in the fiscal year that begins during the tax year. However, if the five percent threshold set forth in item (1) is met and is not projected to result in increased collections of at least two hundred million dollars in the fiscal year that begins during the tax year, then the reduction is limited to the projected amount of increased collections. Any reduction made pursuant to this subsection must be rounded up to the nearest hundredth of a percent. (3) Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Department of Revenue of the projected percentage adjustment. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage adjustment. However, the forecast in effect on February fifteenth of the current fiscal year is the final forecast for which the percentage adjustment is determined, and no subsequent forecast modifications may have any effect on that determination. SECTION 2. Section 12-6-50 of the S.C. Code is amended by adding: (21) Section 63(b) through (g) relating to standard deductions and the itemized deduction. SECTION 3. Section 12-6-1140 of the S.C. Code is amended by adding: (15)(a) subject to subitem (b), a South Carolina Income Adjusted Deduction (SCIAD) equal to: (i) six thousand dollars for taxpayers that file as single or married filing separately; (ii) nine thousand dollars for taxpayers that file as head of household; and (iii) twelve thousand dollars for taxpayers that file as married filing jointly or as a surviving spouse. (b)(i) The deduction set forth in subitem (a)(i) is subject to being reduced by a fraction whereby the numerator is the amount the taxpayer's South Carolina taxable income exceeds thirty thousand dollars and the denominator is ten thousand. (ii) The deduction set forth in subitem (a)(ii) is subject to being reduced by a fraction whereby
150+
151+in comparison to projected individual income tax revenues collected pursuant to this chapter, minus amounts credited to the Trust Fund for Tax Relief, for the current fiscal year. The reduction required by this subsection shall continue until the income tax rate equals 2.49 percent. The Board of Economic Advisors shall make the determination regarding income tax projections beginning with the initial forecast required pursuant to Section 11-9-1130.
148152
149153 (2) If the five percent threshold set forth in item (1) is met, the income tax rate shall be permanently and cumulatively reduced by a percentage that the Board of Economic Advisors projects to result in a reduction in individual income tax revenues collected pursuant to this chapter equal to two hundred million dollars in the fiscal year that begins during the tax year. However, if the five percent threshold set forth in item (1) is met and is not projected to result in increased collections of at least two hundred million dollars in the fiscal year that begins during the tax year, then the reduction is limited to the projected amount of increased collections. Any reduction made pursuant to this subsection must be rounded up to the nearest hundredth of a percent.
150154
151155 (3) Upon the issuance of the initial forecast, the Executive Director of the Revenue and Fiscal Affairs Office, or his designee, shall notify the Department of Revenue of the projected percentage adjustment. The executive director, or his designee, shall provide similar notice if subsequent modifications to the forecast change the projected percentage adjustment. However, the forecast in effect on February fifteenth of the current fiscal year is the final forecast for which the percentage adjustment is determined, and no subsequent forecast modifications may have any effect on that determination.
152156
153157
154158
155159 SECTION 2. Section 12-6-50 of the S.C. Code is amended by adding:
156160
157161
158162
159163 (21) Section 63(b) through (g) relating to standard deductions and the itemized deduction.
160164
161165
162166
163167 SECTION 3. Section 12-6-1140 of the S.C. Code is amended by adding:
164168
165169
166170
167171 (15)(a) subject to subitem (b), a South Carolina Income Adjusted Deduction (SCIAD) equal to:
168172
169173 (i) six thousand dollars for taxpayers that file as single or married filing separately;
170174
171175 (ii) nine thousand dollars for taxpayers that file as head of household; and
172176
173177 (iii) twelve thousand dollars for taxpayers that file as married filing jointly or as a surviving spouse.
174178
175179 (b)(i) The deduction set forth in subitem (a)(i) is subject to being reduced by a fraction whereby the numerator is the amount the taxpayer's South Carolina taxable income exceeds thirty thousand dollars and the denominator is ten thousand.
176180
177- (ii) The deduction set forth in subitem (a)(ii) is subject to being reduced by a fraction whereby the numerator is the amount the taxpayer's South Carolina taxable income exceeds forty five thousand dollars and the denominator is fifteen thousand.
181+ (ii) The deduction set forth in subitem (a)(ii) is subject to being reduced by a fraction whereby
182+
183+ the numerator is the amount the taxpayer's South Carolina taxable income exceeds forty five thousand dollars and the denominator is fifteen thousand. (iii) The deduction set forth in subitem (a)(iii) is subject to being reduced by a fraction whereby the numerator is the amount the taxpayer's South Carolina taxable income exceeds sixty thousand dollars and the denominator is twenty thousand. (iv) If the fraction calculated by this subitem is equal to or exceeds one, then the deduction is not allowed. If the fraction is zero, then the deduction is not subject to being reduced. If the fraction is between zero and one, then the deduction must be reduced by the corresponding fraction. (c) Any reduction amount which is not a multiplier of ten dollars must be rounded to the next lowest ten dollars. SECTION 4. Section 12-6-4910(1) of the S.C. Code is amended to read: (1)(a) an individual not listed in subitem (c) who has a gross income for the taxable year of at least the federal exemption amount plus the applicable basic standard deduction, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction, and whose filing status is: (i) single, surviving spouse, or head of household; or (ii) married, filing separately, and whose spouse does not itemize deductions an individual whose filing status is single, surviving spouse, head of household, or married filing separately and whose South Carolina gross income for the taxable year is more than the sum of the deduction amount pursuant to Section 12-6-1140(15)(a) in accordance with the taxpayer's filing status plus the deduction amount the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction. (b) an individual not listed in (c) who files a joint return and whose combined gross income for the taxable year, is more than the sum of twice the exemption amount plus the applicable basic standard deduction if the individual and spouse had the same household at the close of the taxable year, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B). If the individual or spouse is sixty-five or older, the standard deduction is increased as provided in Internal Revenue Code Section 63(c)(3) and 63(f)(1). (c) an individual listed below whose gross income exceeds the federal personal exemption amount: (i) an individual making a return under Internal Revenue Code Section 443(a)(1) for less than twelve months because of a change in the individual's annual accounting period; (ii) an individual described in Internal Revenue Code Section 63(c)(5) (Certain Dependents) who has unearned income in excess of the amount provided in Internal Revenue Code Section 63(c)(5)(A), or who has total gross income in excess of the standard deduction;
184+
185+the numerator is the amount the taxpayer's South Carolina taxable income exceeds forty five thousand dollars and the denominator is fifteen thousand.
178186
179187 (iii) The deduction set forth in subitem (a)(iii) is subject to being reduced by a fraction whereby the numerator is the amount the taxpayer's South Carolina taxable income exceeds sixty thousand dollars and the denominator is twenty thousand.
180188
181189 (iv) If the fraction calculated by this subitem is equal to or exceeds one, then the deduction is not allowed. If the fraction is zero, then the deduction is not subject to being reduced. If the fraction is between zero and one, then the deduction must be reduced by the corresponding fraction.
182190
183- (c) Any reduction amount which is not a multiplier of ten dollars must be rounded to the next lowest ten dollars.
191+ (c) Any reduction amount which is not a multiplier of ten dollars must be rounded to the next
192+
193+lowest ten dollars.
184194
185195
186196
187197 SECTION 4. Section 12-6-4910(1) of the S.C. Code is amended to read:
188198
189199
190200
191201 (1)(a) an individual not listed in subitem (c) who has a gross income for the taxable year of at least the federal exemption amount plus the applicable basic standard deduction, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction, and whose filing status is:
192202
193203 (i) single, surviving spouse, or head of household; or
194204
195- (ii) married, filing separately, and whose spouse does not itemize deductions
196-
197- (a) an individual whose filing status is single, surviving spouse, head of household, or married filing separately and whose South Carolina gross income for the taxable year is more than the sum of the deduction amount pursuant to Section 12-6-1140(15)(a) in accordance with the taxpayer's filing status plus the deduction amount the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction.
205+ (ii) married, filing separately, and whose spouse does not itemize deductions an individual whose filing status is single, surviving spouse, head of household, or married filing separately and whose South Carolina gross income for the taxable year is more than the sum of the deduction amount pursuant to Section 12-6-1140(15)(a) in accordance with the taxpayer's filing status plus the deduction amount the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction.
198206
199207 (b) an individual not listed in (c) who files a joint return and whose combined gross income for the taxable year, is more than the sum of twice the exemption amount plus the applicable basic standard deduction if the individual and spouse had the same household at the close of the taxable year, plus any deduction the taxpayer qualifies for pursuant to Section 12-6-1170(B). If the individual or spouse is sixty-five or older, the standard deduction is increased as provided in Internal Revenue Code Section 63(c)(3) and 63(f)(1).
200208
201209 (c) an individual listed below whose gross income exceeds the federal personal exemption amount:
202210
203211 (i) an individual making a return under Internal Revenue Code Section 443(a)(1) for less than twelve months because of a change in the individual's annual accounting period;
204212
205213 (ii) an individual described in Internal Revenue Code Section 63(c)(5) (Certain Dependents) who has unearned income in excess of the amount provided in Internal Revenue Code Section 63(c)(5)(A), or who has total gross income in excess of the standard deduction;
206214
215+ (iii) an individual for whom the standard deduction is zero. (d) a nonresident individual with South Carolina gross income greater than the personal exemption amount provided in Internal Revenue Code Section 151(d). (e) for purposes of this subsection: (i) "basic standard deduction" is as defined in Internal Revenue Code Section 63(c); (ii) "exemption amount" is as defined in Internal Revenue Code Section 151(d). In the case of an individual described in Internal Revenue Code Section 151(d)(2), the exemption amount is zero an individual who files a joint return and whose combined South Carolina gross income for the taxable year is more than the sum of the deduction amount pursuant to Section 12-6-1140(15)(a) plus the deduction amount the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction. SECTION 5. Section 12-6-1720(2)(a)(i) of the S.C. Code is amended to read: (i) For a nonresident individual, the personal exemptions and the applicable standard deduction or itemized deductions South Carolina Income Adjusted Deduction (SCIAD) must be reduced to an amount which is the same proportion as South Carolina adjusted gross income is to federal adjusted gross income. SECTION 6. Pursuant to the powers granted to the Department of Revenue in Chapter 8, Title 12 of the SC Code, the department, in consultation with the Revenue and Fiscal Affairs Office, and in accordance with fiscal responsibility, shall adjust the withholding tables to reflect the amendments made in this act. SECTION 7. This act takes effect upon approval by the Governor and first applies to tax years beginning after 2025. ----XX----
216+
207217 (iii) an individual for whom the standard deduction is zero.
208218
209219 (d) a nonresident individual with South Carolina gross income greater than the personal exemption amount provided in Internal Revenue Code Section 151(d).
210220
211221 (e) for purposes of this subsection:
212222
213223 (i) "basic standard deduction" is as defined in Internal Revenue Code Section 63(c);
214224
215- (ii) "exemption amount" is as defined in Internal Revenue Code Section 151(d). In the case of an individual described in Internal Revenue Code Section 151(d)(2), the exemption amount is zero
216-
217- (b) an individual who files a joint return and whose combined South Carolina gross income for the taxable year is more than the sum of the deduction amount pursuant to Section 12-6-1140(15)(a) plus the deduction amount the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction. SECTION 5. Section 12-6-1720(2)(a)(i) of the S.C. Code is amended to read: (i) For a nonresident individual, the personal exemptions and the applicable standard deduction or itemized deductions South Carolina Income Adjusted Deduction (SCIAD) must be reduced to an amount which is the same proportion as South Carolina adjusted gross income is to federal adjusted gross income. SECTION 6. Pursuant to the powers granted to the Department of Revenue in Chapter 8, Title 12 of the SC Code, the department, in consultation with the Revenue and Fiscal Affairs Office, and in accordance with fiscal responsibility, shall adjust the withholding tables to reflect the amendments made in this act. SECTION 7. This act takes effect upon approval by the Governor and first applies to tax years beginning after 2025. ----XX----
218-
219- (b) an individual who files a joint return and whose combined South Carolina gross income for the taxable year is more than the sum of the deduction amount pursuant to Section 12-6-1140(15)(a) plus the deduction amount the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction.
225+ (ii) "exemption amount" is as defined in Internal Revenue Code Section 151(d). In the case of an individual described in Internal Revenue Code Section 151(d)(2), the exemption amount is zero an individual who files a joint return and whose combined South Carolina gross income for the taxable year is more than the sum of the deduction amount pursuant to Section 12-6-1140(15)(a) plus the deduction amount the taxpayer qualifies for pursuant to Section 12-6-1170(B), without regard to a reduction for the retirement income deduction.
220226
221227
222228
223229 SECTION 5. Section 12-6-1720(2)(a)(i) of the S.C. Code is amended to read:
224230
225231
226232
227233 (i) For a nonresident individual, the personal exemptions and the applicable standard deduction or itemized deductions South Carolina Income Adjusted Deduction (SCIAD) must be reduced to an amount which is the same proportion as South Carolina adjusted gross income is to federal adjusted gross income.
228234
229235
230236
231237 SECTION 6. Pursuant to the powers granted to the Department of Revenue in Chapter 8, Title 12 of the SC Code, the department, in consultation with the Revenue and Fiscal Affairs Office, and in accordance with fiscal responsibility, shall adjust the withholding tables to reflect the amendments made in this act.
232238
233239
234240
235241 SECTION 7. This act takes effect upon approval by the Governor and first applies to tax years beginning after 2025.
236242
237243 ----XX----
238244
239-This web page was last updated on April 02, 2025 at 03:31 PM
245+This web page was last updated on March 27, 2025 at 10:40 AM