South Carolina § 12-10-88 - Redevelopment fees.

§ 12-10-88. Redevelopment fees.

(A) Subject to the conditions provided in subsection (B), South Carolina individual income tax withholding equal to five percent of all South Carolina wages paid with respect to employees that are employed by a federal employer at a closed or realigned federal installation must be remitted by the department to the redevelopment authority vested with authority under Section 31-12-40(A) to oversee the closed or realigned federal installation. The amounts of withholding collected and remitted to the applicable redevelopment authority are referred to as "redevelopment fees".

(B) The department shall remit the redevelopment fees during the period described in subsection (C) for each calendar quarter for which the redevelopment authority provides the department with a timely statement from the federal employer that employs the employees working at the closed or realigned federal installation setting forth the number of employees employed at the installation, the total wages paid to these employees, and the total amount of South Carolina withholding withheld from the employees for each quarter. In order to receive the redevelopment fees for the applicable quarter, the redevelopment authority shall submit the statement within thirty days of the later of the date that the federal employer's South Carolina withholding tax return is due or the date the federal employer files the withholding tax return. The department may extend the time for submission of the statement at its discretion.

(C) Redevelopment fees may be remitted to the applicable redevelopment authority for any quarter beginning on or after the date that the applicable redevelopment authority first submits the information described in subsection (B) to the department. If the redevelopment authority fails to provide the department with the required statement within the requisite time limits, no redevelopment fees must be remitted for that quarter. Notwithstanding subsection (A), the redevelopment fee remitted by the department in any fiscal year may not exceed the amount remitted in Fiscal Year 2014-2015.

(D) Neither the federal employer nor the applicable redevelopment authority is required to meet the requirements of Section 12-10-50 for subsection (A) to apply and the restrictions contained in Section 12-10-80(C) do not apply to redevelopment fees.

(E) For purposes of this section "closed or realigned federal installation" means:

(1) until January 1, 2028, a federal defense site in which permanent employment was reduced by three thousand or more jobs from the level of such jobs on December 31, 1990, or a federal military base or installation which has been closed or realigned under:

(a) the Defense Base Closure and Realignment Act of 1990;

(b) Title 11 of the Defense Authorization Amendments and Base Closure and Realignment Act; or

(c) Section 2687 of Title 10, United States Code.

HISTORY: 1996 Act No. 462, SECTION 4A; 1998 Act No. 421, SECTION 2; 2006 Act No. 386, SECTION 40, eff June 14, 2006; 2008 Act No. 313, SECTION 4, eff June 12, 2008; 2010 Act No. 290, SECTION 34, eff January 1, 2011; 2016 Act No. 255 (S.227), SECTION 1, eff June 7, 2016; 2018 Act No. 180 (S.67), SECTION 1, eff May 17, 2018.

Effect of Amendment

2016 Act No. 255, SECTION 1, in (C), substituted "January 1, 2021" for "January 1, 2017" in the first sentence, and added the last sentence, relating to the amount remitted in fiscal year 2014-2015.

2018 Act No. 180, SECTION 1, amended the section to specify to whom redevelopment fees may be remitted.