SC SC Revenue Ruling #16-12 Property Tax 2016-12-16

When must a South Carolina manufacturer return its real and personal property, and when are the resulting property taxes due?

Short answer: A manufacturer generally returned its South Carolina manufacturing property to the Department of Revenue using the last day of its income tax year preceding the property tax year as the lien date. The return was due by the last day of the fourth month after that income tax year ended. The Department appraised and assessed the property, local authorities calculated and billed the tax, and payment was due by January 15 after the calendar property tax year. Special rules applied to property placed in service later, asset sales, new or closed operations, and multiple income tax year ends.

Apply this to your situation

This page answers the general question as of 2016. Ezel answers yours, under current South Carolina tax law, with citations.

Currency note: this ruling is from 2016
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: RR 16-12 explains manufacturer property return, assessment, and payment mechanics under the statutes in effect in 2016 and superseded RR #05-20 without intending to change its positions. It does not address valuation methods and only notes, rather than explains, fee-in-lieu arrangements. Its 10.5% assessment-ratio example predates later manufacturing-property exemption guidance, including RR #22-13. Verify current forms, exemptions, valuation rules, deadlines, and county procedures. 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

South Carolina Revenue Ruling 16-12 explained the special calendar for returning, assessing, and paying property tax on manufacturers' real and personal property.

For an operating manufacturer, the core rules were:

  • Lien date: the last day of the manufacturer's income tax year immediately preceding the calendar property tax year.
  • Return deadline: the last day of the fourth month after the manufacturer's income tax year ended.
  • Return recipient: the South Carolina Department of Revenue, which appraised and assessed manufacturing property.
  • Tax calculation and billing: the Department sent its assessment to the appropriate local taxing authorities, which calculated the tax and billed the manufacturer.
  • Payment deadline: January 15 following the calendar property tax year, with possible penalties after the applicable deadline.

The property tax year itself always remained a calendar year, even when the manufacturer used a fiscal income tax year and filed its return well before the county sent the bill.

Calendar-year and fiscal-year examples

A calendar-year manufacturer with a December 31 year end returned property held on December 31 and filed by April 30 of the next year. For the ruling's property tax year 2018 example, payment was due January 15, 2019.

A June 30 fiscal-year manufacturer used June 30 as the lien date for the next property tax year and filed by October 31. The bill still related to the later calendar property tax year and was payable by January 15 after that year, so the return could precede payment by well over a year.

Property placed in service after year end

An operating fiscal-year manufacturer generally did not add property placed in service after its lien date to the return for the immediately ensuing property tax year. If it still owned the property, it reported it for the following property tax year using the next lien date.

The ruling rejected a routine second return merely because new equipment was placed in service between the fiscal year end and December 31. Separate-return rules could still arise in sale, startup, or other special situations.

Sales of manufacturing property

Section 12-37-970 contained special rules depending on the sequence of:

  • the seller's income tax year end;
  • the purchaser's income tax year end;
  • the sale date; and
  • who held title on December 31.

In some sequences the seller returned the property and remained liable for the ensuing year's tax. In another sequence the purchaser holding title on December 31 had to file a separate return for the purchased property by April 30 and pay the tax. The ruling included five timelines because the correct result could not be determined from the sale date alone.

Starting and ending South Carolina operations

If a manufacturer began operating before its income tax year ended, it used that year end as the lien date and filed by the fourth following month.

If it began operating after its income tax year had already ended, the Department required a first return based on property held December 31, due the following April 30, so that a return was filed for each year of South Carolina operation.

When a manufacturer ceased operations:

  • if it was operating on the relevant lien date, it still returned the property and owed the ensuing property-year tax; and
  • if it had ceased before the lien date, it had no property liability for that ensuing year under the ruling but still filed a final zero return so the Department could close the account.

More than one income tax year end

If a change in accounting period caused more than one income tax year to end in the same calendar year, the manufacturer filed a return after each year end. The Department used the return showing the greatest value for the assessment.

Assessment amount and later exemption guidance

RR 16-12 used a 10.5% assessment ratio for manufacturing real and personal property in its examples and multiplied assessed value by the local millage rate. That is historical context. Later RR 22-13 addressed a partial manufacturing-property exemption and expressly referred readers to RR 16-12 for determining applicable property tax years.

Common questions

Q: Does every manufacturer file by April 30?

A: No. April 30 was the deadline for a December 31 income tax year end. Other manufacturers filed by the last day of the fourth month after their own year end.

Q: Does the Department of Revenue send the tax bill?

A: The Department appraised and assessed the property, then local authorities calculated and billed the tax.

Q: Is equipment installed after a fiscal year end immediately added to that year's return?

A: Generally no under the ruling's operating-manufacturer rule; it was reported using the next applicable lien date if still owned.

Q: Who pays tax after manufacturing property is sold?

A: It depends on both parties' accounting year ends, the sale date, and December 31 ownership. The ruling's special sale rules must be applied to the exact sequence.

Q: Must a closed manufacturer file one last return?

A: Yes. RR 16-12 required a final zero return even when operations had ceased before the lien date and no tax was due for the ensuing year.

Citations and references

  • S.C. Code Ann. Section 12-37-970 (manufacturer return, lien-date, sale, and multiple-year-end rules)
  • S.C. Code Ann. Section 12-4-540 (Department appraisal and assessment)
  • S.C. Code Ann. Sections 12-37-610 and 12-37-710 (real and personal property liability)
  • S.C. Code Ann. Sections 12-37-900 and 12-37-905 (general county return rules)
  • S.C. Code Ann. Sections 12-45-70 and 12-45-180 (payment period and penalty)
  • SC Revenue Ruling #22-13 (later partial manufacturing-property exemption guidance)

Subject

Manufacturers’ Property – Return, Assessment and Payment of Taxes

Source

Original ruling text

STATE OF SOUTH CAROLINA

DEPARTMENT OF REVENUE
300A Outlet Pointe Blvd., Columbia, South Carolina 29210
P.O. Box 12265, Columbia, South Carolina 29211

SC REVENUE RULING #16-12
SUBJECT:

Manufacturers’ Property – Return, Assessment and Payment of Taxes
(Property Tax)

EFFECTIVE DATE:

Applies to all periods open under the statute.

SUPERSEDES:

RR #05-20 and all previous advisory opinions and any oral directives in
conflict herewith.

REFERENCES:

S.C. Code Ann. Section 12-4-540 (2014)
S.C. Code Ann. Section 12-37-610 (2014)
S.C. Code Ann. Section 12-37-710 (Supp. 2015)
S.C. Code Ann. Section 12-37-715 (Supp. 2015)
S.C. Code Ann. Section 12-37-890 (Supp. 2015)
S.C. Code Ann. Section 12-37-900 (Supp. 2015)
S.C. Code Ann. Section 12-37-905 (2014)
S.C. Code Ann. Section 12-37-970 (Supp. 2015)
S.C. Code Ann. Section 12-39-140 (2014)
S.C. Code Ann. Section 12-39-150 (2014)
S.C. Code Ann. Section 12-45-70 (2014)
S.C. Code Ann. Section 12-45-180 (Supp. 2015)

AUTHORITY:

S. C. Code Ann. Section 12-4-320(2014)
S. C. Code Ann. Section 1-23-10(4)(Supp. 2005)
SC Revenue Procedure #09-3

SCOPE:

The purpose of a Revenue Ruling is to provide guidance to the public.
It is an advisory opinion issued to apply principles of tax law to a set of
facts or general category of taxpayers. It is the Department’s position
until superseded or modified by a change in statute, regulation, court
decision, or another Department advisory opinion.

I.

INTRODUCTION

This advisory opinion addresses the property tax rules regarding the return, assessment, and
payment of property taxes on manufacturers’ real and personal property. 1 Title 12 contains
1

This advisory opinion is an update of SC Revenue Ruling #05-20. While the information is
presented in a different format and provides different scenarios than SC Revenue Ruling #05-20,
this advisory opinion is not intended to change the Department’s positions in SC Revenue Ruling

05-20.

1

numerous property tax provisions applicable to manufacturers’ property. However, the main
focus of this advisory opinion is Code Section 12-37-970, which contains the rules regarding the
return and assessment of manufacturers’ property.
This advisory opinion is divided into the following parts:






Part II provides a brief discussion of general property tax rules for the return, assessment
and payment of taxes on real and personal property;
Part III provides a discussion of the general rules for the return, assessment, and payment
of property taxes for manufacturers’ property under Code Section 12-37-970;
Part IV discusses the rules for when manufacturers’ property is placed in service after the
end of the manufacturer’s income tax year;
Part V discusses the special rules for when manufacturers’ property is sold during the
calendar year;
Part VI discusses the rules for when a manufacturer begins operations in South Carolina;
Part VII discusses the rules for when a manufacturer ceases operations in South Carolina;
Part VIII discusses the rules for when a manufacturer has more than one income tax year
end during the calendar year. 2

II. RETURN AND ASSESSMENT OF PROPERTY - GENERAL PRINCIPLES
The property tax rules discussed in this advisory opinion can be confusing, and while a general
discussion of property tax concepts is beyond the scope of this advisory opinion, a basic
understanding of some general property tax terms and concepts will be helpful in understanding
the rules applicable to manufacturers’ property.
A. Law

  1. Code Section 12-37-610 – Liability for Taxes on Real Property
    Code Section 12-37-610 provides:
    Each person is liable to pay taxes and assessments on the real
    property that, as of December thirty-first of the year preceding the
    tax year, he owns in fee, for life, or as trustee, as recorded in the
    public records for deeds of the county in which the property is
    located, or on the real property that, as of December thirty-first of
    the year preceding the tax year, he has care of as guardian,
    executor or committee or may have the care of as guardian,
    executor, trustee or committee.
    2

Although this advisory opinion does not discuss fee in lieu of property taxes for manufacturers,
the statutes regarding the return, assessment and payment of manufacturers’ property are
applicable to a manufacturer under a negotiated fee in lieu of taxes under Code Sections 4-29-67,
4-12-30, or Chapter 44, Title 12 or a multicounty park fee in lieu of taxes under Code Section 41-170. This advisory opinion does not discuss valuation methods for manufacturers’ property.

2

2.

Code Section 12-37-710 – Liability for Taxes on Personal Property

Code Section 12-37-710 provides:
Every person shall annually list for taxation the following
personal property, to wit:
(1) all the tangible personal property in the State owned or
controlled by him . . . .
3.

Code Section 12-37-715 – Personal Property Taxed Only Once a Year

Code Section 12-37-715 provides:
Notwithstanding any other provision of law, no personal
property may be taxed for ad valorem purposes more than once in
any tax year, except as provided for by the provisions of Section
56-3-210. 3
4.

Code Section 12-37-890 – Property Returned to County Where Property Is
Situated

Code Section 12-37-890 provides:
All property used in any business, furniture, and supplies used
in hotels, restaurants and other houses of public resort, personal
property used or in connection with storehouses, manufactories,
warehouses, or other places of business, all personal property and
merchants’ and manufacturers’ stock and capital shall be returned
for taxation and taxed in the county, city, and town in which it is
situated. . . . All other personal property shall be returned for
taxation and taxed at the place where the owner thereof shall reside
at the time of listing the same, if the owner resides in this State; if
not, at the residence of the person having it in charge. And all real
estate shall be taxed in the county, city, ward, or town where it is
located. . . . .
5.

Code Section 12-37-900 – Returning Real Property to County Assessor

Code Section 12-37-900 provides:
Every person required by law to list property shall, annually,
between the first day of January and the first day of March, make
3

Code Section 56-3-210 pertains to time period for registering a newly acquired vehicle.

3

out and deliver to the assessor of the county in which the property
is by law to be returned for taxation a statement, verified by his
oath, of all the real estate which has been sold or transferred since
the last listing of the property for which he was responsible and to
whom, and of all real property possessed by him, or under his
control, on the thirty-first day of December next preceding, either
as owner, agent, parent, spouse, guardian, executor, administrator,
trustee, receiver, officer, partner, factor, or holder with the value
thereof, on such thirty-first day of December, at the place of return,
estimating according to the rules prescribed by law.
A manufacturer not under a fee agreement is not required to
return personal property for ad valorem tax purposes if the
property remains in this State at a manufacturing facility that has
not been operational for one fiscal year and the personal property
has not been used in operations for one fiscal year. The personal
property is not required to be returned until the personal property
becomes operational in a manufacturing process or until the
property has not been returned for ad valorem tax purposes for four
years, whichever is earlier. A manufacturer must continue to list
the personal property annually and designate on the listing that the
personal property is not subject to tax pursuant to this section. 4
6.

Code Section 12-37-905 – Returning Personal Property to County Auditor

Code Section 12-37-905 provides:
Notwithstanding any other provision of this title, every person
required by law to make a property tax return to the county auditor
must file the return with the county auditor on or before April
thirtieth for property owned as of the preceding December thirtyfirst.
7.

Code Section 12-45-70 – Due Date for Payment of Property Taxes

Code Section 12-45-70 provides:
(A) All taxes are due and payable between the thirtieth day of
September and the fifteenth day of January after their assessment
in each year. . . . .

4

While the property tax exemption provided in the second paragraph of Code Section 12-37-900
applies to certain non-operating manufacturers, these manufacturers are not the focus of this
advisory opinion. Accordingly, for purposes of this advisory opinion, assume that this
exemption is not applicable unless stated otherwise.

4

B. Discussion
1.

Assessment of Property

In South Carolina, property is taxed at its assessed value. The assessed value is determined by
multiplying the property’s fair market value, as determined under the law, by an assessment
ratio, i.e., “assessing” the property. The assessment ratio varies depending on the type of
property. For example, commercial real property is assessed at 6%. Business personal property
is assessed at 10.5%. All manufacturers’ real and personal property is assessed at 10.5%. This
assessed value is then taxed by applying the millage rate determined annually by each taxing
jurisdiction. 5
For example, if a manufacturer owned a piece of property with a fair market value of $10,000,
the assessed value of the property would be $1,050 ($10,000 x 10.5%, the assessment ratio for
manufacturers’ property). If the taxing jurisdiction levied a tax of 275 mills, then the tax owed
on the property would be $288.75 ($1,050 x .275).
2.

Property Tax Returns and Lien Date

Under general property tax law, real property must be returned to the county in which the
property is located. 6 For real property returned to the county assessor, the return is due March 1
of the property tax year. 7 For personal property returned to the county auditor, the return is due
April 30 of the property tax year. 8 The return generally must list all the property held by the
taxpayer on December 31 of the year preceding the property tax year. 9 This December 31 date is
referred to as the “lien date.” The lien date is used to determine the person liable for taxes on a
particular piece of property and the property’s value for property tax purposes.
For example, the person liable for 2018 property taxes on a particular piece of real property
would be the person who owned the property on December 31, 2017. The value used to
determine the 2018 property taxes on the property would be the property’s value as of December
31, 2017. The reporting date for the 2018 property taxes on the property would be March 1,
2018.
3.

Property Tax Years and Payment of Tax

Property tax years are always calendar years. Specifically, a property tax year is the calendar
year in which the county auditor records the assessed value of taxable property on the county tax

5

Each taxing jurisdiction determines its tax rate annually by dividing the cost of its annual
budget by the total assessed value within the taxing jurisdiction. This results in a fraction in
thousandths (mills), known as the millage rate or millage.
6
Code Section 12-37-890.
7
Code Section 12-37-900.
8
Code Section 12-37-905.
9
Code Sections 12-37-900 and 12-37-905.

5

books and during which the county treasurer bills the taxpayer for the taxes due. 10 Counties
generally bill taxpayers for property taxes during the fall of the property tax year. The taxes
must be paid between September 30 of the property tax year and January 15 of the following
year. 11 Payments made after January 15 or 30 days after the mailing of a tax notice, whichever
occurs later, may be subject to penalty. 12
III. RETURN AND ASSESSMENT OF MANUFACTURERS’ PROPERTY
A. Law
1.

Code Section 12-4-540 – Assessment of Manufacturers’ Property by
Department

Code Section 12-4-540 provides:
(A)(1) The Department has the sole responsibility for the
appraisal, assessment, and equalization of the taxable values . . . of
the real and personal property owned by or leased to the following
businesses and used in the conduct of their business:
(a) manufacturing . . . .
....
(E) Except as otherwise provided, the department shall assess
all real and personal property, leased or used, to the owner.
2.

Code Section 12-37-970 – Return and Assessment of Manufacturers’ Property

Code Section 12-37-970 is the main focus of this advisory opinion. Code Section 12-37-970
contains the general rules regarding the return and assessment of manufacturers’ property and
special rules for specific situations. Code Section 12-37-970 provides:
The assessment for property taxation of . . . manufacturers’ real
and tangible personal property . . . must be determined by the
department from property tax returns submitted by the taxpayers to
the department on or before the last day of the fourth month after
the close of the accounting period regularly employed by the
taxpayer for income tax purposes in accordance with Chapter 7
[sic] 13 of this title. The department by regulation shall prescribe
the form of return required by this section, the information to be
contained in it, and the manner in which returns must be submitted.
Every taxpayer required to make a return to the department of
10

General
Rule for
Manufacturers’
Property

Code Sections 12-37-610, 12-39-140, and 12-39-150.
Code Section 12-45-70.
12
Code Section 12-45-180.
13
In 1995, South Carolina’s income tax chapter was moved from Chapter 7, Title 12 to Chapter
6, Title 12.
11

6

property for assessment for property taxation must make the return
to the department not less than once each calendar year.
Whenever by a change of accounting period, or otherwise, more
than one accounting period ends within any one calendar year, the
taxpayer must make one such return within the prescribed time for
filing following the end of each of the accounting periods and the
department shall determine the assessment from the return setting
forth the greatest value.
When property required to be returned as herein provided is
sold after the end of the seller’s accounting year and before
January first next ensuing and when the purchaser’s accounting
year ends after the seller’s and before January first next ensuing,
the property must be returned by the seller as of the end of his
accounting period. The purchaser is not required to list and
return property as of the close of his accounting period during the
calendar year of the sale. The seller and the purchaser are jointly
and singularly liable for the tax that is due and payable by reason
of this provision. The provision of this section does not apply to
motor vehicles licensed for use on public highways.
When property required to be returned as provided in this
section is sold before the end of the seller’s accounting year and
before January first next ensuing and when the purchaser’s
accounting year ends before the date of purchase and before
January first next ensuing, the property must be listed and returned
by the taxpayer holding title as of December thirty-first and is
liable for the tax for the ensuing year.
The Department of Revenue shall forward the assessments
prepared as a result of the returns submitted pursuant to this
section to the appropriate local taxing authorities no later than
August fifteenth of the applicable tax year.

More than One
Tax Year Ends
During Calendar
Year

First Special
Rule for Sales of
Manufacturers’
Property

Second Special
Rule for Sales of
Manufacturers’
Property

DOR Forwards
Assessments

B. Discussion
1.

Assessment of Manufacturers’ Property by the Department

Under general property tax principles property is assessed by the county officials (county
assessor or county auditor) of the county in which the property is situated. However, Code
Section 12-4-540 provides an exception for manufacturers’ property. For manufacturers’
property, Code Section 12-4-540 provides that it is the Department’s responsibility to value and
assess manufacturers’ property. 14 The Department does not compute the tax. The Department
forwards the assessment to the appropriate local taxing authorities who compute the tax and bill
the taxpayer.
14

This rule does not apply to property not used in the manufacturers business or motor vehicles
licensed for use on the public highways.
7

2.

Property Tax Returns and Lien Date for Manufacturers’ Property

Under general property tax principles, property must be returned to the county in which the
property is located by March 1 (for real property returned to the county assessor) or April 30 (for
personal property returned to the county auditor) of the property tax year. Taxpayers are
required to list on the return the property held as of December 31 preceding the tax year, i.e., the
lien date. 15
For manufacturers’ property, Code Section 12-37-970 provides that property tax returns are due
on or before the last day of the fourth month after the close of the manufacturer’s income tax
accounting year. 16 The lien date for manufacturers’ property is the last day of the manufacturer’s
income tax year next preceding the property tax year. 17
Ordinarily, related statutes should be construed to give full force and effect to each statute, and to
the extent possible, similar statutory provisions should be harmonized and reconciled. When two
statutes are capable of co-existence, absent a clear legislative intent to the contrary, each must be
regarded as effective, and in interpreting related and co-existing statutes, the statutes must be
harmonized unless they are irreconcilable and in hopeless conflict. 73 Am. Jur. Statutes Section
168 (2001). Thus, Code Sections 12-37-610, 12-37-900, 12-37-905 and 12-37-970 should be
read together and each given effect as much as possible.
Code Section 12-37-970 is a specific provision that addresses property tax returns for
manufacturers’ property. Where there is a statute dealing with a subject in general terms and
another statute dealing with a part of the same subject in a more minute and definite way, the
special statute will be considered as an exception to, or qualification of, the general statute and
given effect. 18 Accordingly, the provisions in Code Section 12-37-970 that are specific to
manufacturers’ property take precedence over the general rules contained in Code Sections 1237-610, 12-37-900 and 12-37-905. 19

15

Code Sections 12-37-610, 12-37-900 and 12-37-905.
Personal property located at the manufacturer’s facility does not have to be returned for
property tax purposes if the facility has not been operational for one fiscal year and the personal
property has not been used in the operations for one fiscal year. A return is not required for the
property until it becomes operational in a manufacturing process or until it has not been returned
for four years, whichever occurs first. This special rule does not apply to property subject to a
fee in lieu of property taxes. Code Section 12-37-900.
17
See S.C. Atty. Gen. Op. No. 2509 (September 12, 1968) (holding that certain taxpayers (i.e.,
manufacturers) that close their income tax year on June 30 must list property owned as of that
date for the ensuing property tax year).
18
Wilder v. South Carolina State Highway Dept., 228 S.C. 448, 454, 90 S.E.2d 635, 638 (1955).
19
See S.C. Atty. Gen. Op. No. 2509 (September 12, 1968), which concludes that Code Section
12-37-970 controls in determining when a manufacturer is required to file a property tax return.
16

8

Note: Under Code Section 12-37-970, a manufacturer’s lien date and/or property tax return due
date for a given property tax year can change depending on when the manufacturer’s income tax
year ends. But the property tax year itself does not change. It is always a calendar year,
regardless of the taxpayer’s income tax year. In other words, there is no such thing as a “fiscal”
property tax year. All taxpayers have the same property tax year, which is always a calendar
year. Property tax year 2018 is January 1, 2018 through December 31, 2018; property tax year
2019 is January 1, 2019 through December 31, 2019, and so on.
3.

Payment of Taxes on Manufacturers’ Property

Under general property tax principles, property taxes must be paid between September 30 of the
property tax year and January 15 following the property tax year. 20 For manufacturers’ property,
the rule is the same – taxes on manufacturers’ property are due on January 15 following the
property tax year. 21

20

Code Section 12-45-70. Payments made after January 15 may be subject to a penalty. Code
Section 12-45-180.
21
Code Sections 12-45-70 and 12-45-180.

9

4.

Manufacturers’ Property Chart – Summary of Important Dates

The following chart illustrates the above rules regarding the return, assessment and payment of
property taxes on manufacturers’ property for a manufacturer currently operating in South
Carolina. The property tax year is 2018.
Manufacturer’s
Income Tax
Year End 22

1/31/2017
2/28/2017
3/31/2017
4/30/2017
5/31/2017
6/30/2017
7/31/2017
8/31/2017
9/30/2017
10/31/2017
11/30/2017
12/31/2017
(Calendar Year TP)

*See examples below.

Lien Date
for
Property
Tax Year
2018 23
1/31/2017
2/28/2017
3/31/2017
4/30/2017
5/31/2017
6/30/2017
7/31/2017
8/31/2017
9/30/2017
10/31/2017
11/30/2017
12/31/2017

Return Due
Date for
Property
Tax Year
2018 24
5/31/2017
6/30/2017
7/31/2017
8/31/2017
9/30/2017
10/31/2017
11/30/2017
12/31/2017
1/31/2018
2/28/2018
3/31/2018
4/30/2018

County Billing
Date for
Property Tax
Year 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018

Payment
Due Date for
Property Tax
Year 2018 25
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019

Example 1: Fiscal Year Manufacturer Currently Operating in South Carolina. Taxpayer is a
manufacturer whose income tax year is February 1– January 31, 2017. On January
31, 2017, Taxpayer owns real and personal property in South Carolina. For
property tax year 2018, Taxpayer must file a return with the Department listing the
real and personal property that it owned on January 31, 2017. Taxpayer must file
its 2018 return by May 31, 2017. Taxpayer must pay the 2018 taxes by January 15,
2019.
22

The manufacturers’ income tax year is the accounting period regularly employed by the
taxpayer for income tax purposes. It may be a calendar year or a fiscal year. Code Section 1237-970.
23
The lien date is the last day of the manufacturer’s income tax year next preceding the property
tax year. Code Section 12-37-970.
24
The return due date is the last day of the fourth month after the end of the manufacturer’s
income tax year. In other words, the return is due on last day of the fourth month after the lien
date. Code Section 12-37-970.
25
Property taxes must be paid between September 30 of the property tax year and January 15
following the property tax year. Code Section 12-45-70. Payments made after January 15 may
be subject to a penalty. Code Section 12-45-180.

10

Note: For fiscal year manufacturers, the time between the return due date and the
payment due date may be a year or longer. In this example, property taxes are not
due until almost 20 months after the property tax return is due.
Example 2: Calendar Year Manufacturer Currently Operating in South Carolina. Taxpayer is a
manufacturer whose income tax year is January 1 – December 31, 2017. On
December 31, 2017, Taxpayer owns real and personal property in South Carolina.
For property tax year 2018, Taxpayer must file a return with the Department listing
the real and the personal property that it owned on December 31, 2017. Taxpayer
must file its return by April 30, 2018. Taxpayer must pay the 2018 property taxes
by January 15, 2019.
IV. MANUFACTURERS’ PROPERTY PLACED IN SERVICE AFTER END OF
MANUFACTURER’S INCOME TAX YEAR
Code Section 12-37-970 has no specific provision relating to how a fiscal year manufacturer
currently operating in South Carolina is to return property that is placed in service after the end
of its income tax year. Under the general rule of Code Section 12-37-970, the return must list the
property held on the last day of the manufacturer’s income tax year preceding the property tax
year, i.e., the lien date for manufacturers’ property. In this case, however, the manufacturer has
not placed the property in service as of the end of the income tax year preceding the property tax
year. 26
Code Section 12-37-970 provides that every taxpayer required to make a return to the
Department for assessment for taxation must make the return to the Department not less than
once each calendar year. However, in such instances, the Department has not required a
manufacturer to file a second return reporting property placed in service subsequent to the end of
its income tax year but before December 31 of the calendar year. This position is consistent with
S.C. Atty. Gen. Op. No. 2509 (September 12, 1968), which found that a taxpayer that lists its
property as of the close of its income tax year for the ensuing property tax year is not required to
list and to pay property tax on property placed in service after the close of its income tax year but
before December 31 of that year. Instead, such property must be listed on the manufacturer’s
property tax return for the following property tax year if the manufacturer still owns the property
at the end of its next income tax year. Below is an example illustrating this rule. 27

26

In some instances, the manufacturer may have already filed a property tax return before
placing new property in service. This return would list only property that the manufacturer
owned as of the end of its income tax year and would not include property placed in service after
the return is filed.
27
See Part V. “Sales of Manufacturers’ Property During the Calendar Year” for similar examples
(Examples 1 - 3) and exceptions (Examples 4 - 6).

11

Example:

2017: |
1/1

Fiscal Year Taxpayer Currently Operating in South Carolina Places Assets in
Service After the End of its Income Tax Year. Taxpayer is a manufacturer whose
income tax year is July 1 – June 30. On June 30, 2017, Taxpayer owns real
property and personal property. On August 15, 2017, Taxpayer purchases a new
machine and places it in service. On June 30, 2018, Taxpayer still owns the new
machine.
|
6/30
Taxpayer’s
YE

|
|
8/15
12/31
Taxpayer Places Mftr.
Property in Service

For property tax year 2018, Taxpayer will file a return with the Department listing
the real property and personal property that it owned on June 30, 2017, which is
Taxpayer’s lien date for property tax year 2018. The 2018 property tax return is
due October 31, 2017. The 2018 property taxes are due January 15, 2019. The new
machine that was placed in service after the end of Taxpayer’s income tax year is
not subject to 2018 property taxes. Accordingly, Taxpayer does not list the new
machine on its 2018 property tax return.
For property tax year 2019, Taxpayer will file the 2019 property tax return listing
the new machine and all other real and personal property that Taxpayer owned on
June 30, 2018, which is Taxpayer’s lien date for property tax year 2019. The 2019
property tax return is due October 31, 2018. The 2019 property taxes are due
January 15, 2020.
V. SALES OF MANUFACTURERS’ PROPERTY DURING THE CALENDAR YEAR
In Parts III and IV above, the general rules under Code Section 12-37-970 for manufacturers
currently operating in South Carolina were discussed. Under the general rules, property tax
returns for manufacturers’ property must be filed with the Department on or before the last day
of the fourth month after the close of the income tax year preceding the property tax year. The
return must list the property held on the last day of the manufacturer’s income tax year preceding
the property tax year, i.e., the lien date for manufacturers’ property. However, Code Section 1237-970 also provides two special rules for certain scenarios when manufacturers’ property is sold
during the calendar year. 28
A. First Special Rule for Sales of Manufacturers’ Property During the Calendar Year
The first special rule for manufacturers’ property sold during the calendar year is found in the
second paragraph of Code Section 12-37-970:
When property required to be returned as herein provided is sold
after the end of the seller’s accounting year and before January
28

Examples 4 - 6 in Part V.C. illustrate these two special rules.

12

first next ensuing and when the purchaser’s accounting year ends
after the seller’s and before January first next ensuing, the property
must be returned by the seller as of the end of his accounting
period. The purchaser is not required to list and return property as
of the close of his accounting period during the calendar year of
the sale. The seller and the purchaser are jointly and singularly
liable for the tax that is due and payable by reason of this
provision. The provision of this section does not apply to motor
vehicles licensed for use on public highways.
There are two general scenarios in which this rule will apply:
Scenario A: The seller’s accounting year ends; the sale occurs; the purchaser’s accounting year
ends.
|
1/1

|
Seller’s
YE

|
Sale
Occurs

|
Purchaser’s
YE

|
12/31

Scenario B: The seller’s accounting year ends; the purchaser’s accounting year ends; the sale
occurs.
|
1/1

|
Seller’s
YE

|
Purchaser’s
YE

|
Sale
Occurs

|
12/31

In either scenario, the manufacturers’ property sold is returned by the seller as of the end of the
seller’s income tax year. However, the seller and the purchaser are jointly liable for the tax due
on the manufacturers’ property sold.
B. Second Special Rule for Sales of Manufacturers’ Property During the Calendar
Year
The second special rule for manufacturers’ property sold during the calendar year is found in the
third paragraph of Code Section 12-37-970:
When property required to be returned as provided in this section
is sold before the end of the seller’s accounting year and before
January first next ensuing and when the purchaser’s accounting
year ends before the date of purchase and before January first next
ensuing, the property must be listed and returned by the taxpayer
holding title as of December thirty-first and is liable for the tax for
the ensuing year.

13

There is one general scenario in which this rule will apply:
Scenario:

The purchaser’s accounting year ends; the sale occurs; the seller’s accounting year
ends.

|
1/1

|
Purchaser’s
YE

|
Sale
Occurs

|
Seller’s
YE

|
12/31

In the second special rule, the manufacturers’ property sold must be listed and returned by the
taxpayer holding title as of December 31 of the calendar year of the sale. This same taxpayer is
liable for the tax on the sold property for the ensuing property tax year.
Code Section 12-37-970, paragraph one, provides that every taxpayer required to make a return
to the Department for assessment for taxation must make the return to the Department not less
than once each calendar year. Reading the provisions of Code Section 12-37-970 together and
consistent with Code Section 12-37-900, the Department’s longstanding administrative policy is
that the manufacturer holding title as of December 31 of the calendar year of sale must return the
property that is the subject of the sale. This assures that the property is taxed for the ensuing
property tax year. Since the purchaser is the party holding title on December 31, this requires
that the purchaser file a second return reporting the purchased property as of December 31 of the
calendar year of the sale. Consistent with Code Section 12-37-970, the manufacturer who is
responsible for returning the property must file the return with the Department by April 30 of the
next calendar year.
C. Examples
The following examples are intended to illustrate the seller’s and purchaser’s responsibilities
involving sales of manufacturers’ property. Examples 1 – 3 illustrate the general rules of Code
Section 12-37-970. In these examples, the manufacturer owning the property at the end of its
income tax year returns the property and is liable for the property taxes. 29 Examples 4 and 5
illustrate the first special rule under Code Section 12-37-970 for sales of manufacturers’
property. Example 6 illustrates the second special rule under Code Section 12-37-970 for sales of
manufacturers’ property. The following examples assume that both the seller and purchaser are
manufacturers currently operating in South Carolina. Unless otherwise stated, the applicable
property tax year is 2018.

29

For these examples it may be helpful to consult the manufacturers’ property chart in Part
III.B.4.

14

Example 1: General Rule of Code Section 12-37-970
Purchaser’s Income Tax Year End:
Seller’s Income Tax Year End:
Sale Occurs:

2017: |
1/1

|
3/31
Purchaser’s
YE

March 31, 2017
June 30, 2017
December 31, 2017

|
6/30
Seller’s
YE

|
12/31
Sale
Occurs

Analysis. Under the general rule of Code Section 12-37-970, a manufacturer must
return property it holds as of the end of its income tax year. In this example, the
seller owns the property as of the end of its income tax year. Therefore, the seller
will report the property on its 2018 property tax return. The seller and purchaser
have the following responsibilities with respect to the property.
Seller’s Responsibilities. For 2018 property tax year, the seller is liable for the
property taxes on the property. The return is due October 31, 2017. The 2018
property taxes must be paid by January 15, 2019.
Purchaser’s Responsibilities. For 2018 property tax year, none with respect to the
property purchased. For 2019 property tax year, the purchaser must report the
purchased property on its 2019 property tax return. The 2019 return is due on July
31, 2018. The 2019 property taxes are due by January 15, 2020.
Example 2: General Rule of Code Section 12-37-970
Sale Occurs:
Purchaser’s Income Tax Year End:
Seller’s Income Tax Year End:
2017: |
1/1

|
3/31
Sale
Occurs

March 31, 2017
June 30, 2017
December 31, 2017

|
6/30
Purchaser’s
YE

|
12/31
Seller’s
YE

Analysis. Under the general rule of Code Section 12-37-970, a manufacturer must
return property it holds as of the end of its income tax year. In this example, the
purchaser owns the property as of the end of its income tax year. Therefore, the
purchaser will report the property on its 2018 property tax return. The seller and
purchaser have the following responsibilities with respect to the property.
Seller’s Responsibilities. For the 2018 property tax year, none with respect to the
property sold.

15

Purchaser’s Responsibilities. For 2018 property tax year, the purchaser is liable for
the property taxes on the property. The return is due October 31, 2017. The 2018
property taxes must be paid by January 15, 2019. 30
Example 3: General Rule of Code Section 12-37-970
Sale Occurs:
Purchaser’s Income Tax Year End:
Seller’s Income Tax Year End:

December 31, 2017
December 31, 2017
December 31, 2017

2017: |
1/1


|
12/31
Sale Occurs
Purchaser’s YE
Seller’s YE

Analysis. Under the general rule of Code Section 12-37-970, a manufacturer must
return property it holds as of the end of its income tax year. In this example, the
purchaser owns the property as of the end of its income tax year. Since the sale
occurs on the same date as the end of both the seller’s and the purchaser’s income
tax years, the purchaser owns the property as of the end of the day on December 31,
2017. Therefore, the purchaser will report the property on its 2018 property tax
return. The seller and purchaser have the following responsibilities with respect to
the property.
Seller’s Responsibilities. For the 2018 property tax year, none with respect to the
property sold.
Purchaser’s Responsibilities. For 2018 property tax year, the purchaser is liable for
the property taxes on the property. The return is due April 30, 2018. The 2018
property taxes must be paid by January 15, 2019.

30

If the seller’s income tax year end was June 30 and the purchaser’s year end was December
31, the purchaser would still be liable for the 2018 property taxes because the purchaser would
own the property at the end of its income tax year.

16

Example 4: First Special Rule – Scenario A 31
Seller’s Income Tax Year End:
Sale Occurs:
Purchaser’s Income Tax Year End:
2017: |
1/1

|
3/31
Seller’s
YE

|
6/30
Sale
Occurs

March 31, 2017
June 30, 2017
September 30, 2017
|
9/30
Purchaser’s
YE

|
12/31

Analysis. Under the general rule of Code Section 12-37-970, a manufacturer must
return property it holds as of the end of its income tax year. However, Code
Section 12-37-970, paragraph two, provides that if (1) a manufacturer’s property is
sold after the end of the seller’s income tax year and before January 1 of the next
calendar year and (2) the purchaser’s income tax year ends after the seller’s and
before January 1 of the next calendar year, then the property must be returned by
the seller as of the end of its income tax year. The seller and the purchaser are
jointly and singularly liable for the tax. The seller and the purchaser have the
following responsibilities with respect to the property.
Seller’s Responsibilities. For 2018 property tax year, the seller is liable for the
property taxes on the property. The seller must list the property on its 2018 return.
The 2018 return is due July 31, 2017. The 2018 property taxes must be paid by
January 15, 2019.
Purchaser’s Responsibilities. For 2018 property tax year, the purchaser is not
required to report the purchased property on its 2018 property tax return. However,
the purchaser is jointly and singularly liable with the seller for the taxes due. For
2019 property tax year, the purchaser must report the purchased property on its
2019 property tax return. The 2019 return is due on January 31, 2019. The 2019
property taxes are due by January 15, 2020. 32

31

See Part V.A. for a discussion of this special rule (Code Section 12-37-970, paragraph two).
Liability for the 2018 property taxes would be the same if the purchaser was a calendar year
taxpayer, i.e., if the purchaser’s income tax year ended on December 31.
32

17

Example 5: First Special Rule – Scenario B 33
Seller’s Income Tax Year End:
Purchaser’s Income Tax Year End:
Sale Occurs:
2017: |
1/1

|
3/31
Seller’s
YE

March 31, 2017
September 30, 2017
December 31, 2017

|
9/30
Purchaser’s
YE

|
12/31
Sale
Occurs

Analysis. Under the general rule of Code Section 12-37-970, a manufacturer must
return property it holds as of the end of its income tax year. However, Code
Section 12-37-970, paragraph two, provides that if (1) a manufacturer’s property is
sold after the end of the seller’s income tax year and before January first of the next
calendar year and (2) the purchaser’s income tax year ends after the seller’s and
before January first of the next calendar year, then the property must be returned by
the seller as of the end of its income tax year. The purchaser is not required to list
and return the property as of the close of its income tax year during the calendar
year of sale. The seller and the purchaser are jointly and singularly liable for the
tax. The seller and the purchaser have the following responsibilities with respect to
the property.
Seller’s Responsibilities. For 2018 property tax year, the seller is liable for the
property taxes on the property. The seller must list the property on its 2018 return.
The 2018 return is due July 31, 2017. The 2018 property taxes must be paid by
January 15, 2019.
Purchaser’s Responsibilities. For 2018 property tax year, the purchaser is not
required to report the purchased property on its 2018 property tax return. However,
the purchaser is jointly and singularly liable with the seller for the taxes due. For
2019 property tax year, the purchaser must report the purchased property on its
2019 property tax return. The 2019 return is due on January 31, 2019. The 2019
property taxes are due by January 15, 2020.

33

See Part V.A. for discussion of this special rule (Code Section 12-37-970, paragraph two).

18

Example 6: Second Special Rule 34
Purchaser’s Income Tax Year End:
Sale Occurs:
Seller’s Income Tax Year End:
2017: |
1/1

|
4/30
Purchaser’s
YE

April 30, 2017
September 30, 2017
November 30, 2017
|
9/30
Sale
Occurs

|
11/30
Seller’s
YE

|
12/31

Analysis. Under the general rule of Code Section 12-37-970, a manufacturer must
return property it holds as of the end of its income tax year. However, Code
Section 12-37-970, paragraph three, provides that if (1) manufacturers’ property is
sold before the end of the seller’s income tax year and before the next January 1
and (2) the purchaser’s income tax year ends before the date of the purchase and
before the next January 1, then the property must be listed and returned by the
taxpayer holding title as of December 31 and that person is liable for the tax for the
ensuing year.
In this example, the property sold must be listed and returned by the taxpayer
holding title as of December 31. This same taxpayer is liable for the tax on the sold
property for the ensuing property tax year. Since the purchaser is the party holding
title on December 31, this requires that the purchaser file a second return reporting
the purchased property as of December 31. Consistent with Code Section 12-37970, the manufacturer who is responsible for returning the property must file the
return with the Department by April 30 of the next calendar year. The seller and
the purchaser have the following responsibilities with respect to the property.
Seller’s Responsibilities. For the 2018 property tax year, none with respect to the
property sold.
Purchaser’s Responsibilities.
Return 1. For 2018 property tax year, the purchaser must file a return for all
property it owns as of April 30, 2017. This return is due by August 31, 2017.
Return 2. For 2018 property tax year, the purchaser is also liable for the
property taxes on the property it purchased on September 30, 2017, assuming
that purchaser is holding title to the property on December 31, 2017. The
purchaser must report the purchased property on a separate 2018 return. 35 This
return is due on April 30, 2018.
34

See Part V.B. for a discussion of this special rule (Code Section 12-37-970, paragraph three).
This document does not address multiple sale scenarios. A subsequent purchaser may be
required to return the property depending on the facts of the situation.
35

19

Payment of Taxes. The purchaser is liable for the 2018 taxes for both property
tax returns. All 2018 taxes are due by January 15, 2019.
VI. MANUFACTURER BEGINS OPERATIONS IN SOUTH CAROLINA
Under Code Section 12-37-970, the lien date for manufacturers’ property is the last day of the
manufacturer’s income tax year next preceding the property tax year. Accordingly, a
manufacturer that begins operations in South Carolina before the end of its income tax year
returns the manufacturers’ property it owned at the end of its income tax year for the ensuing
property tax year.
Example:

2017: |
1/1

Fiscal Year Manufacturer Begins Operating in South Carolina Before the End of Its
Income Tax Year. Taxpayer is a manufacturer whose income tax year is July 1–
June 30. Taxpayer begins operating in South Carolina on May 30, 2017.
|
5/30
TP Begins
Operations
In SC

|
6/30
TP’s YE

|
12/31

Property tax year 2018 is the first year that the manufacturer’s property is subject to
property taxes. Taxpayer must file its 2018 property tax return based on the
property it holds in South Carolina on June 30, 2017. The 2018 property tax return
is due October 31, 2017. The 2018 property taxes are due January 15, 2019.
A manufacturer who begins operations in South Carolina after the close of its income tax year
would not have any property to return for the ensuing property tax year. However, Code Section
12-37-970 provides that every taxpayer required to make a property tax return to the Department
must do so not less than once each calendar year. The longstanding administrative policy of the
Department has been to interpret this provision as requiring a property tax return for each year a
manufacturer is in business in South Carolina.
Read in conjunction with Code Section 12-37-900, these provisions require a new manufacturer
who begins operating in South Carolina after the close of its income tax year to list property it
holds as of December 31 preceding the first property tax year that the manufacturer’s property is
subject to property taxes. Therefore, a new manufacturer that begins operating in South Carolina
after the end of its income tax year must file a property tax return for the ensuing property tax
year based on assets that it owns as of December 31 of the calendar year that it begins operating
in South Carolina. The return is due April 30 of the next calendar year.

20

Example:

2017: |
1/1

Fiscal Year Manufacturer Begins Operating in South Carolina After the End of Its
Income Tax Year. Taxpayer is a manufacturer whose income tax year is July 1 –
June 30. Taxpayer begins operating in South Carolina on September 30, 2017.
|
6/30
TP’s YE

|
9/30
TP Begins
Operations
In SC

|
12/31

Property tax year 2018 is the first year that the manufacturer’s property is subject to
property taxes. However, since Taxpayer is required to file a return for each
property tax year that it is in operation in South Carolina, Taxpayer must file its
2018 property tax return based on the property it holds in South Carolina on
December 31, 2017. The 2018 property tax return must be filed with the
Department by April 30, 2018. The 2018 property taxes are due January 15, 2019.
For property tax year 2019, Taxpayer must file its return listing the real and
personal property it owned on June 30, 2018. Taxpayer must file its 2019 return by
October 31, 2018. The 2019 property taxes are due January 15, 2020.
VII.

MANUFACTURER CEASES OPERATIONS IN SOUTH CAROLINA

Code Section 12-37-970 has no provision specifically directed at a manufacturer’s last year
operating in South Carolina. Under the general rule of Code Section 12-37-970, a manufacturer
currently operating in South Carolina is liable for property taxes on property it owns on the lien
date for the ensuing property tax year. Accordingly, the manufacturer must file a return listing
the property owned on the lien date. The return is due on the last day of the fourth month after
the lien date.
A manufacturer that ceases operations prior to its lien date is not liable for property taxes on the
property it owns on the lien date for the ensuing property tax year. Accordingly, a manufacturer
that ceases operations prior to its lien date is not required to list the property for the ensuing
property tax year. However, the manufacturer is required to file a final property tax return
(“Zero” return) with the Department. 36 The return is due on the last day of the fourth month
after the lien date. The following examples illustrate the Department’s position.

36

This final “Zero” return allows the Department to close the manufacturer’s account.

21

Example:

Calendar Year Manufacturer Ceases Operations in South Carolina. Taxpayer is a
manufacturer currently operating in South Carolina whose income tax year is
January 1 – December 31. On December 31, 2017, Taxpayer owns real property
and personal property. On June 30, 2018, Taxpayer ceases operations in South
Carolina.
TP’s Income Tax Year End: December 31
TP Ceases Operations in SC: June 30, 2018

2018: |
1/1

|
6/30
TP Ceases
Operations
In SC

|
12/31
TP’s YE

For property tax year 2018, Taxpayer must file a return with the Department listing
the real property and personal property that it owned on December 31, 2017,
Taxpayer’s lien date. Taxpayer’s 2018 return is due April 30, 2018. Taxpayer’s
2018 property taxes are due January 15, 2019.
For property tax year 2019, Taxpayer’s lien date is December 31, 2018. Because
Taxpayer was no longer operating on that date, Taxpayer does not have a property
tax liability for 2019. Nevertheless, Taxpayer must file a 2019 property tax return
(“Zero” return). The 2019 property tax return is Taxpayer’s final property tax
return and is due on April 30, 2019. 37
Example:

Fiscal Year Manufacturer Ceases Operations in South Carolina After the End of Its
Income Tax Year. Taxpayer is a manufacturer currently operating in South
Carolina whose income tax year is July 1 – June 30. On June 30, 2017, Taxpayer
owns real property and personal property. On September 30, 2018, Taxpayer ceases
operations in South Carolina.
TP’s Income Tax Year End: June 30
TP Ceases Operations in SC: September 30, 2018

2018: |
1/1

|
6/30
TP’s YE

|
9/30
TP Ceases
Operations
In SC

|
12/31

For property tax year 2018, Taxpayer must file a return with the Department listing
the real property and personal property that it owned on June 30, 2017, Taxpayer’s
lien date. Taxpayer’s 2018 return is due October 31, 2017. Taxpayer’s 2018
property taxes are due January 15, 2019.
37

The result would be the same if the taxpayer was a fiscal year manufacturer that ceased
operations before its income tax year end, except that the returns would be due on the last day of
the fourth month after the end of the taxpayer’s income tax year.
22

For property tax year 2019, Taxpayer’s lien date is June 30, 2018. Taxpayer was
operating in South Carolina on that date; therefore, Taxpayer must file a return with
the Department listing all the real and personal property that it owned on June 30,
2018. Taxpayer’s 2019 return is due October 31, 2018. Taxpayer’s 2019 property
taxes are due January 15, 2020.
For property tax year 2020, Taxpayer’s lien date is June 30, 2019. Because
Taxpayer was no longer operating on that date, Taxpayer does not have a property
tax liability for property tax year 2020. Nevertheless, Taxpayer must still file a
2020 property tax return. The 2020 property tax return is Taxpayer’s final property
tax return and is due on October 31, 2019.
VIII.

MANUFACTURER HAS MORE THAN ONE INCOME TAX YEAR END
DURING THE CALENDAR YEAR

Code Section 12-37-970, paragraph one, provides:
Whenever by a change of accounting period, or otherwise, more
than one accounting period ends within any one calendar year, the
taxpayer must make one such return within the prescribed time for
filing following the end of each of the accounting periods and the
department shall determine the assessment from the return setting
forth the greatest value.
Accordingly, if a manufacturer has more than one income tax year that end in the same calendar
year, the manufacturer must file a return by the fourth month following the close of each income
tax year. The Department will use the return that sets forth the greatest value when assessing the
property.
Example:

Fiscal Year Manufacturer Changes to Calendar Year. Taxpayer is a manufacturer
whose income tax year is July 1 – June 30. In Fall 2017, Taxpayer changes its
income tax year to January 1 – December 31.
For the 2017 property tax year, Taxpayer will file one return listing the real and
personal property it owned on June 30, 2016, the lien date. The 2017 return is due
October 31, 2016. The 2017 property taxes are due January 15, 2018.

23

For the 2018 property tax year, the manufacturer must file two returns with the
Department:
Return 1. Taxpayer will file one 2018 return listing the real and personal
property it owned on June 30, 2017, the lien date of the original income tax
year. This 2018 return is due October 31, 2017.
Return 2. Taxpayer will file a second 2018 return listing the real and personal
property it owned on December 31, 2017, the lien date for the new income tax
year. This 2018 return is due April 30, 2018.
The Department will determine the 2018 property tax assessment using the
property tax return setting forth the greatest value. The 2018 property taxes are due
January 15, 2019.

24

MANUFACTURERS’ PROPERTY CHART
SUMMARY OF IMPORTANT DATES
The following chart illustrates the general rules regarding the return, assessment and payment of
property taxes on manufacturers’ property for a manufacturer currently operating in South
Carolina. The property tax year is 2018.
Manufacturer’s
Income Tax
1
Year End
1/31/2017
2/28/2017
3/31/2017
4/30/2017
5/31/2017
6/30/2017
7/31/2017
8/31/2017
9/30/2017
10/31/2017
11/30/2017
12/31/2017
(Calendar Year TP)

Lien Date for
Property Tax
2
Year 2018
1/31/2017
2/28/2017
3/31/2017
4/30/2017
5/31/2017
6/30/2017
7/31/2017
8/31/2017
9/30/2017
10/31/2017
11/30/2017
12/31/2017

Return Due
Date for
Property Tax
3
Year 2018
5/31/2017
6/30/2017
7/31/2017
8/31/2017
9/30/2017
10/31/2017
11/30/2017
12/31/2017
1/31/2018
2/28/2018
3/31/2018
4/30/2018

County Billing
Date for
Property Tax
Year 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018
Fall 2018

Payment
Due Date for
Property Tax
4
Year 2018
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019
1/15/2019

Notes:
1

The manufacturers’ income tax year is the accounting period regularly employed by the
taxpayer for income tax purposes. It may be a calendar year or a fiscal year. Code Section 1237-970.
2

The lien date is the last day of the manufacturer’s income tax year next preceding the property
tax year. Code Section 12-37-970.
3

The return due date is the last day of the fourth month after the end of the manufacturer’s
income tax year. In other words, the return is due on last day of the fourth month after the lien
date. Code Section 12-37-970.

4

Property taxes must be paid between September 30 of the property tax year and January 15
following the property tax year. Code Section 12-45-70. Payments made after January 15 may
be subject to a penalty. Code Section 12-45-180.
SOUTH CAROLINA DEPARTMENT OF REVENUE

s/Rick Reames III
Rick Reames III, Director
December 16
, 2016
Columbia, South Carolina
25

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