South Carolina § 12-8-570 - Withholding by trust or estate from distribution to nonresident beneficiary; exemptions.

§ 12-8-570. Withholding by trust or estate from distribution to nonresident beneficiary; exemptions.

(A) A trust or estate making a distribution of South Carolina taxable income to a nonresident beneficiary must withhold a percentage equal to the maximum individual tax rate of the beneficiary's distribution which is attributable to South Carolina taxable income. The amounts withheld must be remitted to the department at the time estimated tax payments are due.

(B) This section does not apply to a:

(1) trust that is exempt from taxation under Internal Revenue Code Section 501;

(2) nonresident beneficiary who is exempt from taxation under Internal Revenue Code Section 501; or

(3) nonresident beneficiary who agrees to be subject to the jurisdiction of the department and the courts of this State to determine South Carolina tax liability, including estimated taxes and related interest and penalties. The agreement is not an admission of tax liability.

HISTORY: 1995 Act No. 76, SECTION 2; 1998 Act No. 387, SECTION 1; 2024 Act No. 215 (S.577), SECTION 3, eff July 2, 2024.

Effect of Amendment

2024 Act No. 215, SECTION 3, in (A), in the first sentence, substituted "a percentage equal to the maximum individual tax rate" for "seven percent".