South Carolina 2025-2026 Regular Session

South Carolina Senate Bill S0241

Introduced
1/16/25  

Caption

Eliminate Marriage Tax Penalty

Impact

If enacted, S0241 would amend Article 5, Chapter 6, Title 12 of the South Carolina Code, introducing Section 12-6-525. This amendment would grant married couples the decision-making power regarding their tax filing strategy, which could lead to significant changes in their financial planning strategies. The Tax Department would be enabled to establish regulations for implementing this option, thereby enhancing taxpayer autonomy in choosing the most advantageous tax status. This legislative change is expected to impact the calculation of tax liabilities for many couples across South Carolina, particularly those in middle to high-income brackets who might benefit most from such flexibility.

Summary

Senate Bill S0241, known as the 'Eliminate the Marriage Tax Penalty Act', proposes significant changes to the South Carolina tax code regarding how married couples can calculate their state income tax. This bill allows married taxpayers who file a joint federal return to opt to compute their South Carolina income tax as if each spouse had filed separately. This option is available only when the cumulative tax owed as separate filers would be less than what they would owe as joint filers, thereby potentially reducing their overall tax burden. The legislation aims to provide financial relief specifically to married couples, acknowledging that the current tax structure may unfairly penalize them compared to single filers.

Contention

Debates surrounding S0241 may arise as stakeholders assess the broader implications of changing tax calculations for married couples. Supporters of the bill argue that the marriage tax penalty is a longstanding issue that needs to be addressed, believing that this reform ensures fairness within the tax code. Critics, however, may express concerns about the potential loss of tax revenue for the state, arguing that it could set a precedent for further tax reductions that may predominantly favor higher-income households. As the bill moves through the legislative process, stakeholders will likely engage in discussions regarding equitable tax structures and the potential fiscal impacts of alleviating the marriage tax penalty.

Companion Bills

SC H3365

Similar To Eliminate the Marriage Tax Penalty Act

SC H3436

Similar To Taxation

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