Which exemptions apply to South Carolina's local sales and use taxes collected by the Department (per SC IL #08-19)?
Apply this to your situation
This page answers the general question. Ezel answers yours, under current South Carolina tax law, with citations.
Plain-English summary
This Information Letter is the Department's reference chart, effective October 1, 2008, showing which exemptions apply to each type of local sales and use tax it collects. South Carolina law lets the citizens of a county impose one or several different local sales and use taxes depending on local needs. Most of these local taxes grant the same exemptions for certain sales and purchases, but there are some differences — so the Department publishes a chart mapping the exemptions against each local tax type.
The chart covers the general local sales and use taxes the Department collects on behalf of counties, school districts, and the Catawba Indian tribal government. It reflects the state exemptions (for example those in § 12-36-2120 and § 12-36-2130) and the § 12-36-2110 maximum-tax cap, and shows which carry over to each local tax. This letter supersedes SC Information Letter #07-4.
It does not cover the local taxes on accommodations or on prepared meals, which the counties collect directly rather than through the Department.
What this means for you
If you make taxable sales in South Carolina, use this chart to check whether a state exemption also applies to the particular local sales and use tax in the county where the sale occurs — because the exemptions are not identical across every local tax type. Remember it does not address the separately collected local accommodations or prepared-meals (hospitality) taxes.
Common questions
Q: What does this chart tell me?
A: Which exemptions apply to each type of local sales and use tax the Department collects for counties, school districts, and the Catawba tribal government, effective October 1, 2008.
Q: Are the exemptions the same for every local tax?
A: Mostly, but not entirely — the chart exists precisely because some local taxes differ on which sales and purchases are exempt.
Q: Does it cover local accommodations or restaurant (prepared-meals) taxes?
A: No. Those are collected directly by the counties and are outside this chart.
Subject
Exemptions - Local Sales and Use Taxes Collected by the Department of Revenue
Source
- Landing page: https://dor.sc.gov/advisory-opinion-search
- Original PDF: https://dor.sc.gov/sites/dor/files/policies/IL08-19.pdf
Original ruling text
State of South Carolina
Department of Revenue
301 Gervais Street, P.O. Box 125, Columbia, South Carolina 29214
Website Address: http://www.sctax.org
SC INFORMATION LETTER 08-19
SUBJECT:
Exemptions - Local Sales and Use Taxes Collected by the Department of
Revenue
(Sales and Use Tax)
EFFECTIVE DATE: October 1, 2008
SUPERSEDES:
SC Information Letter #07-4 and all previous documents and any oral
directives in conflict herewith.
AUTHORITY:
S. C. Code Ann. Section 12-4-320 (2000)
S. C. Code Ann. Section 1-23-10(4) (Supp. 2007)
SC Revenue Procedure #05-2
SCOPE:
An Information Letter is a written statement issued to the public to
announce general information useful in complying with the laws
administered by the Department. An Information Letter has no
precedential value.
The South Carolina Code of Laws allows the imposition of various types of local sales and use
taxes. As such, the citizens of a county, depending upon the needs within the county, may impose
one or several local sales and use taxes.
While most of these local sales and use taxes provide the same exemptions for certain sales and
purchases, there are some differences. Attached is a chart that should provide guidance
concerning the various types of local sales and use taxes collected by the Department of Revenue
and the types of exemptions allowed under each tax.
Please note that this chart only addresses the general local sales and use taxes collected by the
Department of Revenue on behalf of the counties, school districts, and the Catawba Indian tribal
government. It does not address the local taxes on sales of accommodations or on sales of
prepared meals that are collected directly by the counties.
SALES AND PURCHASES EXEMPT FROM LOCAL SALES AND USE TAXES
COUNTY
TYPE OF
LOCAL
SALES AND
USE TAX AND
EFFECTIVE
DATE
12-36-2120
12-36-2130
STATE
EXEMPTIONS
12-36-2110
EXEMPTION
FOR
MAXIMUM
TAX ITEMS
12-36-1710
EXEMPTION
FOR CASUAL
EXCISE ITEMS
EXEMPTION
FOR FOOD
STAMP
PURCHASES
EXEMPTION
FOR
CERTAIN
FOOD
SALES
“GRANDFATHER
CLAUSE”
EXEMPTION FOR
CERTAIN
PURCHASES BY
CONTRACTORS
NOTE
Abbeville
Local Option
5/1/92
Yes
Yes
Yes
Yes
No
Yes
Aiken
Capital Projects
4/1/06
Yes
Yes
No
Yes
No
Yes
1 & 12
Allendale
Local Option
5/1/92
Yes
Yes
Yes
Yes
No
Yes
5
Bamberg
Local Option
5/1/92
Yes
Yes
Yes
Yes
No
Yes
Barnwell
Local Option
5/1/99
Yes
Yes
Yes
Yes
No
Yes
Beaufort
Transportation
Yes
Yes
No
Yes
No
Yes
6
5/1/07
Berkeley
Local Option
5/1/97
Yes
Yes
Yes
Yes
No
Yes
Calhoun
Local Option
5/1/05
Yes
Yes
Yes
Yes
No
Yes
Catawba Indian
Reservation
Tribal Tax
(See Notes #13
and #14)
Yes
No
No
Yes
No
No
Charleston
Local Option
7/1/91
Yes
Yes
Yes
Yes
No
Yes
Transportation
Yes
Yes
No
Yes
No
Yes
1& 8
13 &14
5/1/05
Cherokee
Cherokee School
7/1/96
Yes
Yes
No
Yes
Yes
Yes
1
Chester
Local Option
5/1/94
Yes
Yes
Yes
Yes
No
Yes
3
Chesterfield
Local Option
5/1/97
Chesterfield
School
9-1-00
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
Local Option
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes - until
6/30/05
Yes
Clarendon
1&4
5/1/97
Clarendon
Schools
6/1/04
Colleton
Local Option
7/1/91
No - effective
7/1/05
Yes
Yes
Yes
2
Yes
No
Yes
1 & 11
SALES AND PURCHASES EXEMPT FROM LOCAL SALES AND USE TAXES
COUNTY
Darlington
TYPE OF
LOCAL
SALES AND
USE TAX AND
EFFECTIVE
DATE
12-36-2120
12-36-2130
STATE
EXEMPTIONS
12-36-2110
EXEMPTION
FOR
MAXIMUM
TAX ITEMS
12-36-1710
EXEMPTION
FOR CASUAL
EXCISE ITEMS
EXEMPTION
FOR FOOD
STAMP
PURCHASES
EXEMPTION
FOR
CERTAIN
FOOD
SALES
“GRANDFATHER
CLAUSE”
EXEMPTION FOR
CERTAIN
PURCHASES BY
CONTRACTORS
NOTE
Local Option
5/1/97
Yes
Yes
Yes
Yes
No
Yes
Darlington
School
Yes
Yes
No
Yes
Yes
Yes
Local Option
5/1/96
Yes
Yes
Yes
Yes
No
Yes
School District
Yes
Yes
No
Yes
Yes
Yes
1&7
Yes
Yes
No
Yes
No
Yes
1
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Yes
Local Option
5/1/94
Yes
Yes
Yes
Yes
No
Yes
Capital Projects
Yes
Yes
No
Yes
No
Yes
1 & 10
2/1/04
Dillon
10/1/08
Dorchester
Edgefield
Transportation
5/1/05
Local Option
5/1/92
Fairfield
Florence
Local Option
5/1/06
1 & 16
5/1/07
Greenwood
Capital Projects
5/1/07
Yes
Yes
No
Yes
No
Yes
Hampton
Local Option
7/1/91
Yes
Yes
Yes
Yes
No
Yes
Capital Projects
5/01/03
Yes
Yes
No
Yes
No
Yes
1&9
Horry
Capital Projects
5/1/07
Yes
Yes
No
Yes
No
Yes
1 & 17
Jasper
Local Option
7/1/91
Jasper School
12/1/02
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
Kershaw
Local Option
5/1/97
Yes
Yes
Yes
Yes
No
Yes
Lancaster
Local Option
5/1/92
Yes
Yes
Yes
Yes
No
Yes
Laurens
Local Option
5/1/99
Yes
Yes
Yes
Yes
No
Yes
3
1
1&2
SALES AND PURCHASES EXEMPT FROM LOCAL SALES AND USE TAXES
COUNTY
Lee
Lexington
TYPE OF
LOCAL
SALES AND
USE TAX AND
EFFECTIVE
DATE
12-36-2120
12-36-2130
STATE
EXEMPTIONS
12-36-2110
EXEMPTION
FOR
MAXIMUM
TAX ITEMS
12-36-1710
EXEMPTION
FOR CASUAL
EXCISE ITEMS
EXEMPTION
FOR FOOD
STAMP
PURCHASES
EXEMPTION
FOR
CERTAIN
FOOD
SALES
“GRANDFATHER
CLAUSE”
EXEMPTION FOR
CERTAIN
PURCHASES BY
CONTRACTORS
Local Option
5/1/96
School District
10/1/06
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
1 & 15
Yes
Yes
No
Yes
Yes
Yes
1
Lexington
Schools
3/1/05
NOTE
Marion
Local Option
7/1/91
Yes
Yes
Yes
Yes
No
Yes
Marlboro
Local Option
5/1/92
Yes
Yes
Yes
Yes
No
Yes
McCormick
Local Option
7/1/91
Yes
Yes
Yes
Yes
No
Yes
Newberry
Capital Projects
4/1/05
Yes
Yes
No
Yes
No
Yes
1 &12
Orangeburg
Capital
Projects
4/1/06
Yes
Yes
No
Yes
No
Yes
1 & 12
Pickens
Local Option
5/1/95
Yes
Yes
Yes
Yes
No
Yes
Richland
Local Option
5/1/05
Yes
Yes
Yes
Yes
No
Yes
Saluda
Local Option
5/1/92
Yes
Yes
Yes
Yes
No
Yes
Sumter
Local Option
5/1/96
Yes
Yes
Yes
Yes
No
Yes
Williamsburg
Local Option
5/1/97
Yes
Yes
Yes
Yes
No
Yes
York
Capital Projects
10/1/04
Yes
Yes
No
Yes
No
Yes
LOCAL TAX RATES:
Each local tax listed in the above chart is imposed at a rate of 1%, except for the Charleston
county Transportation tax which is imposed at a rate of ½ of 1% and the Catawba Tribal Sales
and use tax. See Notes #13 and #14 for information on the tax rates and the application of
either the State sales and use tax or the Catawba Tribal sales and use tax for sales (deliveries)
made on the Catawba Indian Reservation.
4
1 & 12
TYPES OF LOCAL SALES AND USE TAXES:
Local Option: The local option sales and use tax is authorized under Code Section 4-10-10
et. seq. This tax is a general sales and use tax on all sales at retail (with a few exceptions)
taxable under the state sales and use tax. This tax is imposed to reduce the property tax
burden on persons in the counties that impose this type of local tax and is collected by the
Department of Revenue on behalf of these counties.
Capital Projects: The local capital projects sales and use tax is authorized under Code
Section 4-10-300 et. seq. This tax is a general sales and use tax on all sales at retail (with a
few exceptions) taxable under the state sales and use tax. This tax is imposed specifically to
defray the debt service on bonds issued for various capital projects in the counties that
impose this type of local tax and is collected by the Department of Revenue on behalf of
these counties.
Transportation: The local transportation projects sales and use tax is authorized under Code
Section 4-37-30 et. seq. This tax is a general sales and use tax on all sales at retail (with a
few exceptions) taxable under the state sales and use tax. This tax is imposed specifically to
defray the debt service on bonds issued for various transportation projects in the counties that
impose this type of local tax and are collected by the Department of Revenue on behalf of
these counties.
Personal Property Tax Relief: The personal property tax relief sales and use tax is
authorized under Code Section 4-10-540. et. seq. This tax is a general sales and use tax on
all sales at retail (with a few exceptions) taxable under the state sales and use tax. This tax is
imposed in lieu of the personal property tax imposed on private passenger motor vehicles,
motorcycles, general aviation aircraft, boats, and boat motors. The tax may not exceed the
lesser of 2% or the amount necessary to replace the property tax on vehicles, motorcycles,
general aviation aircraft, boats, and boat motors in the most recently completed fiscal year.
As of the date of this information letter, this tax is not being imposed.
Local Property Tax Credits: The local option sales and use tax for local property tax
credits is authorized under Code Section 4-10-720 et. seq. (Act 388 of 2006, Part III). This
tax is a general sales and use tax on all sales at retail (with a few exceptions) taxable under
the state sales and use tax. This tax is imposed to provide a credit against property tax
imposed by a political subdivision for all classes of property subject to the property tax and is
collected by the Department of Revenue on behalf of these counties. As of the date of this
information letter, this tax is not being imposed.
Education Capital Improvement Sales and Use Tax. The school district or school districts
within a county may impose a 1% sales and use tax within the county for specific education
capital improvements for the school district for not more than 15 years. The tax is authorized
under Code Section 4-10-410 et. seq. (Act No. 316 of 2008) and must be approved by a
referendum open to all qualified electors residing in the county. Pursuant to a memorandum
of agreement, a portion of the revenue may be shared with the area commission (governing
body of a technical college) or higher education board of trustees (governing body of a public
institution of higher learning) or both, for specific education capital improvements on the
campus of the recipient located in the county listed in the referendum. This tax may only be
5
imposed in counties which have collected at least $7 million in state accommodations taxes
in the most recent fiscal year for which data is available. Once the threshold is met, a county
remains eligible to impose this tax. This tax may not be imposed in a county that is imposing
or is scheduled to impose a local sales and use tax for public school capital improvements.
As of the date of this information letter, this tax is not being imposed.
School District Taxes. The General Assembly has authorized certain school districts to
impose a sales and use tax within the county. These taxes are generally imposed to pay debt
service on general obligation bonds and/or the cost of capital improvements. Currently, only
8 of the 20 school district taxes authorized by the General Assembly are being imposed.
As of October 1, 2008, these school district taxes are being imposed at a rate of 1% 1 :
County
Act Authorizing Tax
Cherokee
Chesterfield
Clarendon
Darlington
Dillon
Jasper
Lee
Lexington
Act No. 588 0f 1994
Act No. 441 of 2000
Act No. 355 of 2004 and Act No. 195 of 2005
Act No. 132 of 2003
Act No. 137 of 2007 (Effective October 1, 2008)
Act No, 146 of 2001
Act No. 426 of 2006
Act No. 378 of 2004
As of the date of this information letter, these school district taxes are not currently being
imposed:
County
Act Authorizing Tax
Allendale
Berkeley
Colleton
Dillon
Edgefield
Horry
Marlboro
McCormick
Newberry
Richland
Pickens
Union
Act No. 371 of 2008
Act No. 178 of 1999
Act No. 462 of 1998
Act No. 197 of 2005 2
Act No. 365 of 2004
Act No. 371 of 2004
Act No. 204 of 2005
Act No. 387 of 2004
Act No. 151 of 2003
Act No. 326 of 2002
Act No. 463 of 2002
Act No. 497 of 1998
Catawba Indian Tribal Tax: The Catawba Indian Reservation is located in Lancaster and
York counties where the combined sales and use tax rate in each county is 7%. Code Section
1
See the above chart for the date each school district tax was first imposed.
This school district tax was never imposed and the Act authorizing the tax was repealed by Act No. 137 of
2007.
2
6
27-16-130(H) contains the specific sales and use tax provisions. The sales tax is administered
and collected by the Department. See South Carolina Revenue Ruling #98-18 and see Notes
13 and #14.
REMITTANCE OF LOCAL SALES AND USE TAXES BY RETAILERS:
For information on when a retailer is required to remit a local sales and use tax when
delivering product to a purchaser in another county, see SC Revenue Ruling #05-16.
TYPES OF EXEMPTIONS:
State Exemptions - 12-36-2120: Sales of tangible personal property exempt from the State
sales and use tax are exempt from the local sales and use tax if marked “Yes” under this
column.
Exemption for Maximum Tax Items- 12-36-2110: Sales of items subject to a maximum tax
under the State sales and use tax law (i.e. aircraft, motor vehicles, motorcycles, boats, trailers
and semitrailers pulled by truck tractors, horse trailers, recreational vehicles (including tent
campers, travel trailers, park models, park trailers, motor homes, and fifth wheels),
self-propelled light construction equipment, unassembled aircraft, manufactured homes,
musical instruments and office equipment purchased by certain religious organizations and
fire safety education trailers) are exempt from the local sales and use tax if marked “Yes”
under this column.
Exemption for Casual Excise Tax Items - 12-36-1710: Sales of items subject to the casual
excise tax under Code Section 12-36-1710 through Code Section 12-36-1740 (i.e. motor
vehicles, motorcycles, boats, motors, and airplanes required to be registered, titled, or
licensed) are exempt from the local sales and use tax if marked “Yes” under this column.
Exemption for Food Stamp Purchases: Sales of food purchased with foods stamps are
exempt from the State sales and use tax; therefore, such sales are exempt from the local sales
and use tax if marked “Yes” under this column.
Exemption for Certain Food Sales: Sales of certain foods, while subject to the State sales
and use tax, are exempt from the local sales and use tax if marked “Yes” under this column.
Sales of food which are eligible to be purchased with United States Department of
Agriculture food stamps come under this exemption. This exemption applies to everyone,
not just persons using food stamps.
Foods which may be purchased with food stamps and are exempt from these local sales
and use taxes include:
*
Any food intended to be eaten at home by people, including snacks, beverages
and seasonings
*
Seeds and plants intended to grow food (not birdseed or seeds to grow flowers)
7
*
Cold items, which may include salads or sandwiches, intended to be eaten at
home by people
Items which cannot be purchased with food stamps and are, therefore, subject to these
local sales and use taxes are:
*
Alcoholic beverages, such as beer, wine, or liquor
*
Hot beverages ready-to-drink such as coffee
*
Tobacco
*
Hot foods ready to eat
*
Foods designed to be heated in the store
*
Hot and cold food to be eaten at a lunch counter, in a dining area or anywhere
else in the store or in a nearby area such as a mall food court
*
Vitamins and medicines (Note: Sales of certain medicines are exempt from the
State sales and use tax, and therefore, are also exempt from all local sales and
use taxes.)
*
Pet food
*
Any non-food items such as tissue, soap or other household goods
“Grandfather Clause” Exemption for Certain Purchases By Construction Contractors:
All the local sales and use taxes discussed in this information letter exempt purchases of
building materials for use under a construction contract if both of the following conditions
are met:
A.
- the construction contract is executed before the imposition date; or
- a written bid is submitted before the imposition date culminating in a
construction contract entered into before or after the imposition date; and
B.
a verified copy of the contract is mailed within 6 months of the imposition date to:
South Carolina Department of Revenue
Registration Unit
P. O. Box 125
Columbia, South Carolina 29214-0140
A "verified copy" is a copy accompanied by a statement, signed under penalties of perjury,
that it is true and correct. If the contractor is a corporation, the statement is to be signed by
an officer of the corporation or an employee authorized to sign. If the contractor is a
partnership, the statement is to be signed by a general partner. If the contractor is a sole
8
proprietorship, the owner is to sign.
Special Exemption Certificate. In order for a contractor to purchase building materials for
a particular contract free of the local tax, the contractor must complete Form ST-10-C
("Application for Exemption from Local Option Tax") and submit it to the Department of
Revenue. If the Department determines the contract in question meets the above
requirements, the contractor will be issued a special exemption certificate (Form ST-35).
The certificate may only be used to purchase building materials for the contract for which it
is issued and may not be used to purchase anything other than building material. If the
contractor uses this certificate to make purchases free of the local tax, upon which the tax
should have been paid, then the contractor will be held liable for the tax. Also, the certificate
does not allow the contractor to make purchases of building materials free of the State
tax.
An exemption certificate (Form ST-35) issued by the Department of Revenue to a prime
contractor under this exemption may not be used by a subcontractor nor may a prime
contractor use a subcontractor's exemption certificate. Each contractor must obtain his own
certificate for each construction contract.
Note #1: By not exempting items subject to the casual excise tax (“No” in the “Casual Excise
Items” column), counties imposing this local sales and use tax will impose the local tax on
sales and purchases of trailers that can be pulled by vehicles other than truck tractors, sales of
pole trailers and sales of boat motors not attached to a boat at the time of sale, but will not
impose the local sales and use tax on items subject to a maximum tax under the State sales and
use tax law.
Note #2: Effective December 1, 2002, Jasper county charges two local sales and use taxes the 1% Local Option Tax and the 1% Jasper School Tax. Jasper county has imposed the 1%
Local Option Tax since July 1, 1991 and imposed both the 1% Local Option Tax and 1%
Capital Projects Tax for the period of May 1, 1999 through November 30, 2002.
Note #3: Effective May 1, 2000 Chester county no longer imposes the 1% Capital Projects
Tax. Chester county still imposes the 1% Local Option Tax. Chester county imposed the 1%
Capital Projects Tax for the period of May 1, 1999 through April 30, 2000.
Note #4: Effective September 1, 2000, Chesterfield county charges two local sales and use
taxes - the 1% Local Option Tax and the 1% Chesterfield School Tax.
Note #5: Since May 1, 1992, Allendale county has imposed the 1% Local Option Tax.
Effective January 1, 2007 Allendale county no longer imposes the 1% Capital Projects Tax.
Allendale county imposed the 1% Capital Projects Tax for the period of May 1, 2001 through
December 31, 2006.
Note #6: Beaufort county imposed a 1% Transportation Tax for the period of June 1, 1999
through November 30, 2000. In November 2006, the citizens of Beaufort county voted to
impose a 1% Transportation Tax again; however, the vote was not timely certified and the
imposition of the tax was scheduled to be postponed until May 1, 2008 unless the General
Assembly enacted legislation to allow an earlier imposition date. On February 19, 2006, the
9
Governor signed such legislation, Senate Bill 273 of 2006, authorizing the imposition of the
1% Transportation Tax in Beaufort county effective May 1, 2007.
Note #7: Since May 1, 1996, Dillon county has imposed the 1% Local Option Tax. Effective
May 1, 2003 and ending September 30, 2008, Dillon county charged two local sales and use
taxes - the 1% Local Option Tax and the 1% Capital Projects Tax. Effective October 1, 2008,
Dillon county charges two local sales and use taxes - the 1% Local Option Tax and a 1%
School District Tax.
Note #8: Since July 1, 1991, Charleston county has imposed the 1% Local Option Tax.
Effective May 1, 2005, Charleston county charges two local sales and use taxes - the 1%
Local Option Tax and a ½ of 1% Transportation Tax. (Prior to the enactment of this
Transportation Tax, Charleston county was scheduled to impose another Transportation Tax at
the rate of ½ of 1% in May of 2003; however, this tax was not imposed as a result of a South
Carolina Supreme Court decision.)
Note #9: Since July 1, 1991, Hampton county has imposed the 1% Local Option Tax.
Effective May 1, 2003, Hampton county charges two local sales and use taxes - the 1% Local
Option Tax and the 1% Capital Projects Tax.
Note #10: Since May 1, 1997, Darlington county has imposed the 1% Local Option Tax.
Effective February 1, 2004, Darlington county charges two local sales and use taxes - the 1%
Local Option Tax and the 1% Darlington School Tax.
Note #11: Since May 1, 1997, Clarendon county has imposed the 1% Local Option Tax.
Effective June 1, 2004, Clarendon county charges two local sales and use taxes - the 1% Local
Option Tax and the 1% Clarendon Schools Tax. Sales of foods which are eligible to be
purchased with United States Department of Agriculture food stamps, and which are exempt
from the 1% Clarendon School Tax for the period of June 1, 2004 through June 30, 2005, are
subject to the 1% Clarendon School Tax effective July 1, 2005 (Senate Bill 426 of 2005).
Note #12: The citizens of Aiken, Newberry, Orangeburg, and York counties have imposed
Capital Projects taxes and have subsequently voted to extend the Capital Projects taxes in their
counties. The “new” Capital Projects tax in Aiken, Newberry, Orangeburg, and York counties
began immediately upon the expiration of the “original” tax. The effective date listed on the
chart for each of these counties is the effective date of the “new” Capital Projects tax. In each
county, the “original” Capital Projects tax expired on the previous day.
Note #13: The application of either the State sales and use tax or the Catawba Tribal sales
and use tax for sales (deliveries) made on the Catawba Indian Reservation are determined by
the Catawba Indian Claims Settlement Act. The specific sales and use tax provisions can be
found in Code Section 27-16-130(H). The Catawba Tribal sales and use tax expires on
November 28, 2092.
The following chart provides a summary of these provisions:
10
Delivery on the
Reservation From:
Type Tax Applicable
Location On the
Reservation
Location Off the
Reservation But in SC –
Sales $100 or less
Location Off the
Reservation But in SC –
Sales Over $100
Location Off the
Reservation and Outside
the State – Seller
Registered with DOR
Location Off the
Reservation and Outside
the State – Seller Not
Registered with DOR
Tribal Sales Tax (Equal to
Combined State and Local Rate)
State Sales Tax (Local taxes would
not be applicable in these
circumstances.)
Tribal Sales Tax (Equal to
Combined State and Local Rate)
DOR
State Use Tax (Local taxes would
not be applicable in these
circumstances.
DOR
Tribal Use Tax (Equal to
Combined State and Local Rate*)
Catawba Indian Tribe
Administered and
Collected By:
DOR
DOR
- As of the date of this information letter, Lancaster county imposes a 1% local option sales
and use tax and York county imposes a 1% Capital Projects sales and use tax in addition to
the State sales and use tax. Therefore, the tribal sales tax and the tribal use tax are imposed at
a rate of 7% at this time, whether such sales (deliveries) are made on the Reservation within
Lancaster County or within York county. Please note that the rate for the tribal sales tax and
the tribal use tax may increase or decrease dependent upon whether the total state and local
sales and use tax rates change in Lancaster county or York county in the future.
For additional information, see SC Revenue Ruling #98-18.
Note #14: By not exempting sales of tangible personal property subject to the maximum tax
provisions, sales of such maximum tax items are taxed under the tribal sales and use tax at
6%, but the tax may not exceed the maximum tax set forth in Code Section 12-36-2110.
Note #15: Since May 1, 1996, Lee county has imposed the 1% Local Option Tax. Effective
October 1, 2006, Lee county charges two local sales and use taxes - the 1% Local Option Tax
and the 1% Lee School Tax.
Note #16: Since May 1, 1994, Florence county has imposed the 1% Local Option Tax.
Effective May 1, 2007, Florence county charges two local sales and use taxes - the 1% Local
Option Tax and the 1% Capital Projects Tax.
Note #17: Effective May 1, 2007, Horry county will impose a 1% Capital Projects Tax. In
November 2006, the citizens of Horry county also voted to impose a 1% School District Tax;
however, as of the date of this information letter, the imposition of the School District Tax
has been challenged and is under review at this time. The 1% School District Tax will
therefore not be imposed until this matter is resolved and the imposition of the tax is upheld.
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Please note that this chart only addresses the general local option taxes collected by the
Department of Revenue on behalf of the counties, school districts, and the Catawba
Indian tribal government. It does not address the local taxes on sales of accommodations
or on sales of prepared meals that are collected directly by the counties.
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