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Summary of Act 176
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License year, due date, definitions of income
Standard due date of April 30, with May 1 start of license year. Penalties imposed after May 1
Calculate tax on gross income for calendar year or business' fiscal year
Standard definition of gross income
- Clarifies gross income on which non-resident businesses pay the tax
- Clarifies split commissions among real estate agents is only income agents retain
- Manufacturers may calculate tax for municipal locations on lesser of gross income, income allocated/apportioned to a location, expenses of location as cost center
Standard application/refund
Standard business license application distributed by Revenue and Fiscal Affairs Office
Refunds for overpayment to be requested by taxpayer by June 1
Standard class schedule
Jurisdictions must adopt updated class schedule every odd year
Class schedule recommended by Municipal Association of SC and certified by Revenue and Fiscal Affairs Office
Flexibility to create sub-classes for economic development
Special agreements
Protects current and future agreements with businesses on calculation of business license tax
Transition period
Sets January 1, 2022, as effective date for law
In the first year, prevents jurisdictions from realizing a revenue windfall that might result from transition to the new, mandated class schedule
Allows city to gain new revenue in transition year resulting from growth in number of businesses
Online renewal payment portal
Online business license renewal payment portal to be hosted and managed by Revenue and Fiscal Affairs Office
RFA allowed to contract with software provider for portal services. Software provider may not retain any portion of tax payment
Entire taxpayer payment goes directly to jurisdictions
Only taxing jurisdictions may use portal information for auditing
Jurisdictions must still accept payments in person, by phone or mail
Appeals process
Standard appeals process for all jurisdictions
Sets new appeals and response deadlines
Appeals of decisions by taxing jurisdiction may be appealed to Administrative Law Court
Third parties
Jurisdictions may continue to contract with third parties to identify non-compliant businesses
Restricts third parties' contact with non-compliant businesses
Related Links
Act 176 Summary Document
PDF