South Carolina § 12-39-250 - Duty to correct assessments and other errors; duplicates; manner of effecting corrections; adjustments in valuation and assessment for fire damage.

§ 12-39-250. Duty to correct assessments and other errors; duplicates; manner of effecting corrections; adjustments in valuation and assessment for fire damage.

(A) At any time before the tax is paid and upon order of the assessor or Board of Appeals, the county auditor shall correct upon the duplicate for any tax year the assessment of real property on which the valuation of the real property was so excessive as to constitute an invalid assessment. At any time prior to payment of the tax the auditor shall also correct upon the duplicate for any tax year any errors that may be discovered that were made by county or state officers. At any time during the current tax year and before payment of the tax the auditor further shall correct other errors that may appear in the duplicate. At any time before the tax is paid the auditor shall also correct other errors in the duplicate when such errors invalidate or make void the collection of the tax reflected by reason of such error. If the correction results in a reduction or withdrawal of the taxes assessed or levied, the correction shall be in the form of an abatement and a record of such correction and the reasons therefor shall be maintained in an abatement book. When any personal or real property has been entered for taxation in the wrong locality, the auditor shall correct the error at any time prior to payment of the tax and charge such tax in the correct locality. Any corrections made in the duplicate by the auditor shall be entered on both the auditor's and treasurer's duplicate, except that in the case of a reduction of any assessment or tax, the auditor may furnish the treasurer with a certificate of reduction.

(B) Notwithstanding any other provision of law, the county tax assessor or the County Board of Assessment Appeals, upon application of the taxpayer, must order the county auditor to make appropriate adjustments in the valuation and assessment of any real property and improvements which have sustained damage as a result of fire, flooding, hurricane, or wind event provided, that the application for correction of the assessment is made prior to payment of the tax.

HISTORY: 1962 Code SECTION 65-1779; 1952 Code SECTION 65-1779; 1942 Code SECTION 2727; 1932 Code SECTION 2727; Civ. C. '22 SECTION 459; Civ. C. '12 SECTION 407; Civ. C. '02 SECTION 366; G. S. 247; R. S. 299, 300; 1881 (17) 1015; 1931 (37) 3; 1934 (38) 1222; 1982 Act No. 287, SECTION 1; 1997 Act No. 146, SECTION 2; 2022 Act No. 236 (S.233), SECTION 3.A, eff June 22, 2022.

Editor's Note

2022 Act No. 236, SECTION 3.C, provides as follows:

"[SECTION 3.]C. This SECTION takes effect upon approval by the Governor and applies to property tax years beginning after 2021."

Effect of Amendment

2022 Act No. 236, SECTION 3.A, in (B), inserted ", flooding, hurricane, or wind event" following "as a result of fire", and made nonsubstantive changes.