SC SC Information Letter #13-19 2013-12-18

How are South Carolina counties ranked for the job tax credit for 2014, and which counties qualify for the fee-in-lieu and tax moratorium (per SC IL #13-19)?

Short answer: SC Information Letter #13-19 publishes South Carolina's county rankings for the job tax credit for 2014, together with the counties that qualify for a reduced minimum investment under the fee in lieu of property taxes and the counties that qualify for the tax moratorium. For the job tax credit, the Department ranks each county as Tier IV, Tier III, Tier II, or Tier I based on unemployment rate and per capita income given equal weight — with the least-developed counties (Tier IV) supporting the largest per-job credit. These same per capita income and unemployment measures drive which counties qualify for the tax moratorium and for a reduced fee-in-lieu investment threshold. Consult the letter's actual ranking lists for your county's designation.

Apply this to your situation

This page answers the general question as of 2013. Ezel answers yours, under current South Carolina tax law, with citations.

Currency note: this ruling is from 2013
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official South Carolina Department of Revenue Information Letter. Per the Department, an Information Letter announces general information useful in complying with the laws administered by the Department and has NO precedential value. County rankings are recomputed each year from updated unemployment and per capita income data, so use the list for the correct year and confirm your county's current tier. This summary is informational only and is not legal or tax advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

This Information Letter is South Carolina's annual county-ranking list that sets how large a job tax credit a business can claim for creating jobs in 2014, and which counties qualify for two related incentives. It covers three things: the job tax credit county rankings, the counties eligible for a reduced minimum investment under the fee in lieu of property taxes, and the counties that qualify for the tax moratorium.

How the ranking works. The job tax credit, the tax moratorium, and the reduced fee-in-lieu investment threshold all depend in part on per capita income and unemployment rate data. For the job tax credit, the Department ranks each county as Tier IV, Tier III, Tier II, or Tier I, giving equal weight to unemployment rate and per capita income. The least-developed counties are ranked Tier IV and support the largest per-job credit, while the most-developed counties are Tier I.

Because the exact tier controls the dollar amount of the credit per new job, the operative detail is your specific county's designation — which appears in the ranking lists in the letter itself.

What this means for you

If you are creating jobs in South Carolina

Find your county in the letter's ranking list for 2014 to determine its tier, which sets the per-job credit amount under S.C. Code § 12-6-3360. A county in a more-distressed tier yields a larger credit.

If you are negotiating a fee in lieu of property taxes or a tax moratorium

Check the letter's separate lists for whether your county qualifies for a reduced minimum investment (fee in lieu) or for the tax moratorium under § 12-6-3367 — both keyed to the same income and unemployment data.

Common questions

Q: What does this letter tell me?
A: Your county's 2014 job tax credit tier (I-IV), plus whether it qualifies for a reduced fee-in-lieu investment threshold and for the tax moratorium.

Q: How are counties ranked?
A: By unemployment rate and per capita income given equal weight; the least-developed counties are Tier IV (largest credit) and the most-developed are Tier I.

Q: Where do I find my county's exact tier?
A: In the ranking lists contained in the letter — the rankings are recomputed each year, so use the 2014 list.

Source

Original ruling text

State of South Carolina

Department of Revenue
300A Outlet Pointe Blvd., P. O. Box 1225, Columbia, South Carolina 29211
Website Address: http://www.sctax.org

SC INFORMATION LETTER #13-19
SUBJECT:

Job Tax Credit - County Rankings for 2014
Fee in Lieu of Property Taxes – Reduced Investment Counties
Tax Moratorium – Qualifying Counties

DATE:

December 18, 2013

REFERENCE:

S. C. Code Ann. Section 12-6-3360 (Supp. 2012)
S. C. Code Ann. Section 12-6-3367 (Supp. 2012)
S. C. Code Ann. Section 12-44-30 (Supp. 2012)
S. C. Code Ann. Section 4-12-30 (Supp. 2012)
S. C. Code Ann. Section 4-29-67 (Supp. 2012)

AUTHORITY:

S.C. Code Ann. Section 12-4-320 (2000)
SC Revenue Procedure #09-3

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.

INTRODUCTION
The job tax credit, the tax moratorium, and the reduction in the minimum required fee in lieu of
property tax investment are dependent, in part, on per capita income and unemployment rate data
received from the South Carolina Employment Security Commission and Budget and Control
Board.
The purpose of this advisory opinion is to provide the county rankings for purposes of the job tax
credit, counties qualifying for the tax moratorium, and counties qualifying for the reduced fee in
lieu of property tax.
JOB TAX CREDIT – County Rankings
South Carolina’s 46 counties are now ranked and designated annually for job tax credit purposes
with equal weight given to unemployment rate and per capita income. Because of the
amendments in the job tax credit statute in 2010, it is necessary to have two rankings of South
Carolina’s counties for purposes of the job tax credit.

Ranking List #1 - For new, full time jobs created in tax years that begin in 2014, where the
job tax credit was first earned on or after January 1, 2014, and increases in such jobs. As
required by statute, the Department has ranked South Carolina’s counties as “Tier IV,” “Tier
III,” “Tier II,” and “Tier I” for computation of the new job tax credit with equal weight given to
unemployment rate and per capita income.
TIER IV

TIER III

TIER II

Allendale
Bamberg
Barnwell
Chesterfield
Clarendon
Dillon
Lancaster
Lee
Marion
Marlboro
McCormick
Union
Williamsburg

Abbeville
Cherokee
Chester
Colleton
Darlington
Fairfield
Hampton
Horry
Jasper
Laurens
Orangeburg
Sumter

Anderson
Calhoun
Edgefield
Florence
Georgetown
Greenwood
Kershaw
Newberry
Oconee
Pickens
Spartanburg
York

TIER I
Aiken
Beaufort
Berkeley
Charleston
Dorchester
Greenville
Lexington
Richland
Saluda

Ranking List #2 – For Transitional Purposes: For increases in new, full time jobs created in
tax years that begin in 2014, where the job tax credit was first earned before January 1,
2011. As required by statute, the Department has ranked South Carolina’s counties as
“distressed,” “least developed,” “under developed,” “moderately developed,” and “developed”
for computation of the new job tax credit based on unemployment rate and per capita income and
then adjusted in accordance with applicable special rules in South Carolina Code Sections 12-63360(B) and 12-6-3360(L), as they existed prior to the amendment of Code Section 12-6-3360
effective January 1, 2011.

DISTRESSED
Allendale
Bamberg
Barnwell
Chesterfield
Clarendon
Dillon
Lancaster
Lee
Marion
Marlboro
McCormick
Union
Williamsburg

LEAST
DEVELOPED
Abbeville
Cherokee
Fairfield
Hampton
Horry
Jasper
Laurens
Orangeburg

UNDER
DEVELOPED
Calhoun
Chester
Colleton
Darlington
Edgefield
Georgetown
Greenwood
Pickens
Sumter

MODERATELY
DEVELOPED
Anderson
Beaufort
Florence
Kershaw
Newberry
Oconee
Richland
Saluda
Spartanburg
York

DEVELOPED
Aiken
Berkeley
Charleston
Dorchester
Greenville
Lexington

TAX MORATORIUM – Qualifying Counties
South Carolina Code Section 12-6-3367, in part, grants a 10 year moratorium (15 years in certain
cases) on corporate income taxes or insurance premium taxes for qualifying taxpayers in a
county with an average annual unemployment rate of at least twice the State average during each
of the last two completed calendar years, based on the most recent unemployment rates available,
or in a county with one of the three lowest per capita incomes based on the average of the three
most recent years of available average per capita income data. The moratorium begins the first
full taxable year after the taxpayer qualifies in a county designated as a moratorium county.
For 2014, the following counties have been designated moratorium counties under South
Carolina Code Section 12-6-3367.
Chesterfield
Dillon
Marlboro

FEE IN LIEU OF PROPERTY TAXES - Reduced Investment Counties
The minimum required investment necessary to qualify for the fee in lieu of property taxes is
$2.5 million for the “Little Fee” and “Simplified Fee,” and $45 million for the “Big Fee.” See
South Carolina Code Sections 4-12-30(B)(3), 12-44-30(14), and 4-29-67, respectively. This
investment amount, however, is reduced to $1 million for a company investing in a county with
an average annual unemployment rate of at least twice the State average during each of the last
24 months, based on data available on November 1.
For 2014, no county qualifies for the $1 million minimum investment under the “Little Fee,”
“Simplified Fee,” and “Big Fee.”

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