Which exemptions applied to South Carolina local and Catawba sales taxes beginning January 1, 2022?

View original ruling (PDF)

Plain-English summary

SC Information Letter #21-30 is a set of reference charts, effective January 1, 2022, showing South Carolina local sales and use taxes and the exemptions that applied to each. It superseded SC Information Letter #21-6 and was later replaced by SC Information Letter #22-16.

The three charts cover:

• county local sales and use taxes collected by the Department;
• the Catawba Indian tribal sales and use tax; and
• the municipal Local Tourism Development tax shown for Myrtle Beach.

For each tax, the charts address general state exemptions, maximum-tax items, casual-excise items, food-stamp purchases, certain food sales, and the contractor grandfather-clause exemption. The letter emphasizes that sales of unprepared food are exempt from a local sales and use tax only when the law imposing that particular local tax provides the exemption.

Changes reflected in this edition

• Beaufort County's Transportation Tax expired December 31, 2021 and was no longer imposed beginning January 1, 2022.
• The Catawba Indian Reservation reference was revised to York County only because the reservation had not expanded into Lancaster County.
• Charleston County's Education Capital Improvements Tax was scheduled to expire December 31, 2022 and be reimposed January 1, 2023.
• Lancaster County's Capital Projects Tax was scheduled to expire April 30, 2023 and be reimposed May 1, 2023.

The charts cover general local taxes collected by the Department for counties, municipalities, school districts, and the Catawba tribal government. They do not cover local accommodations taxes or prepared-meal hospitality taxes collected directly by counties or municipalities.

What this means for you

For a sale occurring in the period governed by this historical chart, identify the county or tribal jurisdiction and then check the applicable exemption columns. For a current transaction, use the newest Department chart because this edition was superseded and local taxes can expire, be reimposed, or change.

Common questions

Q: Were unprepared-food sales exempt from every local tax?
A: No. The letter says the exemption applied only where the law imposing the particular local tax exempted those sales.

Q: Did the charts include local hotel and restaurant taxes?
A: No. Locally collected accommodations and prepared-meal taxes were outside their scope.

Q: Where did the letter place the Catawba Indian Reservation?
A: In York County only.

Source

• Landing page: https://dor.sc.gov/advisory-opinion-search
• Original PDF: https://dor.sc.gov/sites/dor/files/policies/IL21-30.pdf

Original ruling text

STATE OF SOUTH CAROLINA

DEPARTMENT OF REVENUE

300A Outlet Pointe Blvd., Columbia, South Carolina 29210
P.O. Box 125, Columbia, South Carolina 29214-0575

SC INFORMATION LETTER #21-30
SUBJECT:

Local Sales and Use Tax Charts, Catawba Tribal Sales and Use Tax Chart
and Exemption Information
(Sales and Use Tax)

EFFECTIVE DATE:

January 1, 2022

SUPERSEDES:

SC Information Letter #21-6

AUTHORITY:

S. C. Code Ann. Section 12-4-320 (2014)
S. C. Code Ann. Section 1-23-10(4) (2005)
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.

The South Carolina Code of Laws allows the imposition of various types of local sales and use
taxes. Citizens of a county, depending upon the needs within the county, may impose one or
several local sales and use taxes. Municipal councils, or the citizens of a municipality, may impose
a sales and use tax 1 for tourism development if the municipality is located in a county from which
revenues from the state accommodations tax are at least $14 million in a fiscal year.
While most of these local sales and use taxes provide the same exemptions for certain sales and
purchases, there are some differences. Attached are three charts that provide guidance concerning
the various types of local sales and use taxes collected by the Department and the types of
exemptions allowed under each tax.
The attached charts only address the general local sales and use taxes collected by the Department
on behalf of the counties, municipalities, school districts, and the Catawba Indian tribal
government. They do not address the local taxes imposed on sales of accommodations 2 or on sales
of prepared meals 3 that are collected directly by the counties or municipalities.

This municipal sales and use tax is actually a fee (Local Option Tourism Development Fee) imposed under Article 9
of Chapter 10, Title 4. For purposes of simplicity, this fee is referred to as a sales and use tax in this Information Letter.
2
Code Sections 6-1-500 through 6-1-570 provide for local accommodations taxes, and Code Sections 6-1-610 through
6-1-660 provide for beach preservation fees.
3
Code Sections 6-1-700 through 6-1-770 provide for a local hospitality tax.
1

1

This Information Letter is being issued to reflect the following changes:

1. On December 31, 2021, Beaufort County’s “Transportation Tax” will expire and will no
   longer be imposed effective January 1, 2022.
2. While the Catawba Indian Claims Settlement Act references both York and Lancaster Counties
   with respect to the Catawba Indian Reservation, the reservation never expanded into Lancaster
   County. This Information Letter has been revised to only reference York County with respect
   to the location of the Catawba Indian Reservation.
3. The “Education Capital Improvements Tax” in Charleston County, which is set to expire on
   December 31, 2022, will be re-imposed beginning January 1, 2023.
4. The “Capital Projects Tax” in Lancaster County, which is set to expire on April 30, 2023, will
   be re-imposed beginning May 1, 2023.
   CHART 1: COUNTY SALES AND USE TAXES
   (See “Types of Exemptions” section below for a brief description of each exemption listed.)
   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

Abbeville

Local Option
5/1/92

Yes

Yes

Yes

Yes

No

Yes

Aiken

Capital Projects
5/1/19

Yes

Yes

No

Yes

Yes

Yes

Ed. Capital Imp.
3/1/15

Yes

Yes

No

Yes

Yes

Yes

Local Option
5/1/92

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/17

Yes

Yes

No

Yes

Yes

Yes

Anderson

Ed. Capital Imp.
3/1/15

Yes

Yes

No

Yes

Yes

Yes

Bamberg

Local Option
5/1/92

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/21

Yes

Yes

No

Yes

Yes

Yes

Allendale

2

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

Barnwell

Local Option
5/1/99

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/17

Yes

Yes

No

Yes

Yes

Yes

No local sales and use tax is imposed in Beaufort

Beaufort
Berkeley

Calhoun

Charleston

Cherokee

Chester

Chesterfield

Clarendon

Local Option
5/1/97

Yes

Yes

Yes

Yes

No

Yes

Transportation
5/1/16

Yes

Yes

No

Yes

No

Yes

Local Option
5/1/05

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/19

Yes

Yes

No

Yes

Yes

Yes

Local Option
7/1/91

Yes

Yes

Yes

Yes

No

Yes

Transportation
5/1/05

Yes

Yes

No

Yes

No

Yes

Ed. Capital Imp.
1/1/17

Yes

Yes

No

Yes

Yes

Yes

Transportation
5/1/17

Yes

Yes

No

Yes

No

Yes

Local Option
5/1/09

Yes

Yes

Yes

Yes

No

Yes

Ed. Capital Imp.
3/1/15

Yes

Yes

No

Yes

Yes

Yes

Local Option
5/1/94

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/21

Yes

Yes

No

Yes

Yes

Yes

Local Option
5/1/97

Yes

Yes

Yes

Yes

No

Yes

School District
9/1/00

Yes

Yes

No

Yes

Yes

Yes

Local Option
5/1/97

Yes

Yes

Yes

Yes

No

Yes

School District
6/1/04

Yes

Yes

No

Yes

No - effective
7/1/05

Yes

3

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

Colleton

Local Option
7/1/91

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/15

Yes

Yes

No

Yes

Yes

Yes

Local Option
5/1/97

Yes

Yes

Yes

Yes

No

Yes

Ed. Capital Imp.
3/1/17

Yes

Yes

No

Yes

Yes

Yes

Local Option
5/1/96

Yes

Yes

Yes

Yes

No

Yes

School District
10/1/08

Yes

Yes

No

Yes

Yes

Yes

Dorchester

Transportation
5/1/05

Yes

Yes

No

Yes

No

Yes

Edgefield

Local Option
5/1/92

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/21

Yes

Yes

No

Yes

Yes

Yes

Fairfield

Local Option
5/1/06

Yes

Yes

Yes

Yes

No

Yes

Florence

Local Option
5/1/94

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/21

Yes

Yes

No

Yes

Yes

Yes

Darlington

Dillon

Georgetown

No local sales and use tax is imposed in Georgetown

Greenville

No local sales and use tax is imposed in Greenville

Greenwood

Capital Projects
5/1/17

Yes

Yes

No

Yes

Yes

Yes

Hampton

Local Option
7/1/91

Yes

Yes

Yes

Yes

No

Yes

Horry

Ed. Capital Imp.
3/1/09

Yes

Yes

No

Yes

Yes

Yes

Capital Projects
5/1/17

Yes

Yes

No

Yes

Yes

Yes

4

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

Jasper

Local Option
7/1/91

Yes

Yes

Yes

Yes

No

Yes

School District
12/1/02

Yes

Yes

No

Yes

Yes

Yes

Transportation
5/1/17

Yes

Yes

No

Yes

No

Yes

Local Option
5/1/97

Yes

Yes

Yes

Yes

No

Yes

Ed. Capital Imp.
3/1/17

Yes

Yes

No

Yes

Yes

Yes

Local Option
5/1/92

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/16

Yes

Yes

No

Yes

Yes

Yes

Local Option
5/1/99

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/21

Yes

Yes

No

Yes

Yes

Yes

Local Option
5/1/96

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/21

Yes

Yes

No

Yes

Yes

Yes

Lexington

School District
3/1/19

Yes

Yes

No

Yes

Yes

Yes

Marion

Local Option
7/1/91

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/21

Yes

Yes

No

Yes

Yes

Yes

Local Option
5/1/92

Yes

Yes

Yes

Yes

No

Yes

School District
2/1/13

Yes

Yes

No

Yes

Yes

Yes

Local Option
7/1/91

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/17

Yes

Yes

No

Yes

Yes

Yes

Kershaw

Lancaster

Laurens

Lee

Marlboro

McCormick

5

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

Newberry

Capital Projects
5/1/17

Yes

Yes

No

Yes

Yes

Yes

No local sales and use tax is imposed in Oconee

Oconee
Orangeburg

Capital Projects
5/1/20

Yes

Yes

No

Yes

Yes

Yes

Pickens

Local Option
5/1/95

Yes

Yes

Yes

Yes

No

Yes

Richland

Local Option
5/1/05

Yes

Yes

Yes

Yes

No

Yes

Transportation
5/1/13

Yes

Yes

No

Yes

No

Yes

Local Option
5/1/92

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/19

Yes

Yes

No

Yes

Yes

Yes

Spartanburg

Capital Projects
5/1/18

Yes

Yes

No

Yes

Yes

Yes

Sumter

Local Option
5/1/96

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/16

Yes

Yes

No

Yes

Yes

Yes

Union

Local Option
5/1/17

Yes

Yes

Yes

Yes

No

Yes

Williamsburg

Local Option
5/1/97

Yes

Yes

Yes

Yes

No

Yes

Capital Projects
5/1/17

Yes

Yes

No

Yes

Yes

Yes

Capital Projects
5/1/18

Yes

Yes

No

Yes

Yes

Yes

Saluda

York

6

CHART 2: CATAWBA INDIAN RESERVATION TRIBAL TAX
(See “Types of Exemptions” section below for a brief description of each exemption listed.)
SALES AND PURCHASES EXEMPT FROM LOCAL SALES AND USE TAXES
COUNTY

TYPE OF
LOCAL SALES
AND
USE TAX AND
EFFECTIVE
DATE

Catawba
Indian
Reservation

Tribal Tax
(See Notes #1
and #2)

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

Yes

See Note #2

See Note #2

Yes

See Note #2

See Note #2

CHART 3: MUNICIPAL SALES AND USE TAXES – LOCAL TOURISM DEVELOPMENT
SALES AND USE TAX
(See “Types of Exemptions” section below for a brief description of each exemption listed.)
SALES AND PURCHASES EXEMPT FROM LOCAL SALES AND USE TAXES
MUNICIPALITY

TYPE OF
LOCAL SALES
AND
USE TAX AND
EFFECTIVE
DATE

Myrtle Beach

Tourism
Development
8/1/19

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

Yes

Yes

No

Yes

Yes

Yes

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 on behalf of these
counties.
Capital Projects: The local capital projects sales and use tax is authorized under Code Section 410-300 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 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 is collected by the Department on behalf of these counties.
7

Personal Property Tax Relief: The personal property tax relief sales and use tax is authorized
under Code Section 4-10-510 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. 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 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. The tax is authorized under Code Section 4-10-410 et seq.
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.
The General Assembly has established several criteria that make a county or school district
eligible to impose this tax. The county or school district must meet only one of these criteria,
established in Code Section 4-10-470, in order for the tax to be imposed within the county.
Depending on the criteria met, this tax may be imposed for up to 15 years.
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. These taxes are imposed
countywide, whether imposed by the county or one or more school districts.
As of the date of this Information Letter, these school district taxes are being imposed at a rate of
1%:
County
Act Authorizing Tax
Chesterfield
Clarendon
Dillon
Jasper
Lexington
Marlboro

Act No. 441 of 2000
Act No. 355 of 2004 and Act No. 195 of 2005
Act No. 137 of 2007
Act No. 146 of 2001
Act No. 378 of 2004, Act No. 88 of 2011, and
Act No. 278 of 2018
Act No. 204 of 2005
8

Catawba Indian Tribal Tax: The Catawba Indian Reservation is located in York County, where
the general, combined sales and use tax rate is 7%. Code Section 27-16-130(H) contains the
specific sales and use tax provisions.
The tribal sales tax is administered and collected by the Department. The tribal use tax is
administered and collected by the Catawba Indian Tribe. For additional information on the
Catawba Indian Tribal Tax, including information on the specific tax rates for sales of
accommodations and unprepared food, see SC Revenue Ruling #98-18 and Notes #1 and #2 at the
end of this Information Letter.
Tourism Development Tax: The local tourism development sales and use tax is authorized under
Code Section 4-10-910 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 and may only be imposed by a
municipality located in a county where revenue from the state accommodations tax is at least $14
million in a fiscal year. This tax may be imposed by an ordinance adopted by a two-thirds majority
of the municipal council or by approval by a majority of qualified electors voting in a referendum
authorized by a majority of the municipal council. The tax is imposed specifically for tourism
advertisement and promotion directed at nonresidents of South Carolina; however, in the third and
subsequent years of this tax, a portion of the tax may be used for certain property tax rollbacks.
The tax is collected by the Department on behalf of these municipalities.
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, see SC Revenue
Ruling #18-15.
TYPES OF EXEMPTIONS:
State Exemptions - 12-36-2120 and 12-36-2130: Except for sales of unprepared food exempt
from the 6% state sales and use tax under Code Section 12-36-2120(75), 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” in this column of the above charts.
Note: Sales of unprepared food are only exempt from a local sales and use tax if the local sales and
use tax law specifically exempts such sales. For information on the exemption for sales of
unprepared food from local sales and use taxes, see the discussion below entitled “Exemption for
Certain Food Sales.”
Exemption for Maximum Tax Items - Code Section 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, 4 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

Pole trailers and trailers that can be pulled by vehicles other than truck tractors are not maximum tax items under
Code Section 12-36-2110 and are subject to the local sales and use tax.
4

9

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” in this column of
the above charts.
Note: Code Section 12-36-2120(83) exempts from state and local sales and use tax the sale or
purchase of each vehicle or other item that is subject to an infrastructure maintenance fee under
Code Section 56-3-627. The infrastructure maintenance fee is due when the vehicle or other item
is first registered with the South Carolina Department of Motor Vehicles pursuant to Chapter 3 of
Title 56.
Exemption for Casual Excise Tax Items - Code Section 12-36-1710: Sales of items subject to
the casual excise tax under Code Section 12-36-1710 through Code Section 12-36-1740 (e.g., boat
motor 5 required to be titled) are exempt from the local sales and use tax if marked “Yes” in this
column of the above charts.
Exemption for Food Stamp Purchases: Sales of food purchased with food 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” in this column of the above charts.
Exemption for Certain Food Sales: Sales of certain foods are exempt from the local sales and
use tax if marked “Yes” in this column of the above charts. Sales of foods 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)
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

As of the date of this Information Letter, all casual excise tax items listed under Code Section 12-36-1710, except for
boat motors not attached to a boat at the time of sale, are also maximum tax items under Code Section 12-36-2110.
Therefore, boat motors not attached to a boat at the time of sale are exempt from local sales and use taxes only if there
is a “Yes” in the “Casual Excise Items” column of the above charts.
5

10

•
•
•

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

For more detailed information on this food exemption, see SC Regulation 117-337.
“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. 1. the construction contract is executed before the imposition date; or

2. 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 submitted to the Department within 6 months of the
   imposition date.
   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 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 Tax for Construction Contractors") and submit it to the Department. If
   the Department determines the contract in question meets the above requirements, the contractor
   will be issued a special exemption certificate (Form ST-585). 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-585) issued by the Department 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.
   CATAWBA INDIAN TRIBAL TAX – NOTES #1 and #2:
   Note #1: Whether the State sales and use tax or the Catawba Tribal sales and use tax for sales
   (deliveries) made on the Catawba Indian Reservation applies is determined by the Catawba Indian
   Claims Settlement Act (Chapter 16, Title 27, South Carolina Code of Laws). The provisions specific to
   sales and use tax are in Code Section 27-16-130(H).

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The Catawba Tribal sales and use tax expires on November 28, 2092.
The following chart provides a summary of these provisions:
Delivery on the
Reservation From:
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

Administered and
Collected By:

Type Tax Applicable
Tribal Sales Tax (Equal to
Combined State and Local Rate*)
State Sales Tax (Local Taxes Do
Not Apply.)

DOR

Tribal Sales Tax (Equal to
Combined State and Local Rate*)

DOR

State Use Tax (Local Taxes Do Not
Apply.)

DOR

Tribal Use Tax (Equal to
Combined State and Local Rate*)

Catawba Indian Tribe

DOR

• York County imposes a 1% Capital Projects Tax. This local tax is in addition to the State sales and
  use tax. As of the date of this Information Letter, the tribal sales tax and the tribal use tax are
  imposed at the following rates for sales (deliveries) made on the Reservation within York County:

7% for general sales of tangible personal property
8% for sales of accommodations
0% for sales of unprepared foods
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 York County in the future.
For additional information, see SC Revenue Ruling #98-18.
Note #2: Maximum Tax Items: For sales (deliveries) made on the Reservation of tangible personal
property subject to the maximum tax provisions, the tribal sales and use tax rate is 5% (since the
state sales and use tax on maximum tax items is 5% and maximum tax items are exempt from all
local sales and use taxes), but the tax may not exceed the maximum tax set forth in Code Section
12-36-2110.
“Grandfather Clause” Exemption for Certain Purchases by Construction Contractors: As a result
of any increase in the tribal sales and use tax rate due to the imposition of a new local sales and
use tax in York County, there is an exemption from the portion of the tribal sales and use tax
represented by the new local sales and use tax for certain purchases by construction contractors.
For more information about this partial exemption, see the discussion earlier in this Information
Letter concerning “Grandfather Clause” Exemption for Certain Purchases by Construction
Contractors and the Special Exemption Certificate.

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