SCDOR Tax Legislative Update for 2023

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The South Carolina Department of Revenue’s Information Letter #23-11 provides an overview of tax law changes enacted during the 2023 legislative session in South Carolina. The main updates include:

Income Taxes

  • The top marginal income tax rate will continue to be gradually reduced from 6.5% in 2022 to 6% by 2027.
  • Income tax brackets collapsed from 6 to 3 brackets beginning in tax year 2022.
  • The earned income tax credit phases up to 125% of the federal credit by 2023.

Property Taxes 

  • Changes to school district consolidation and millage rates in Barnwell and Clarendon counties.
  • Temporary provisions related to taxpaying ability calculations, catastrophic weather damage, and tax protests.

Sales and Use Taxes

  • New sales tax exemption for farm fuels.
  • Temporary provisions suspending certain sales taxes and providing other exemptions.

Miscellaneous

  • Local accommodations tax can be used for workforce housing development.
  • Tobacco licensing and enforcement provisions updated.
  • Temporary provisions related to tax refund interest rates, fuel fee exemptions, and more.

The letter also lists all new and re-enacted temporary budget provisos impacting taxes in South Carolina for fiscal year 2023-2024:

Income Taxes

  • Increased teacher supply reimbursement to $350, not taxable income.
  • Awards for teachers and law enforcement officers of the year not taxable income.
  • Extended placed in service date for renewable fuel credit to 1/1/2023.
  • Allowed income tax deduction for identity theft protection services.

Property Taxes 

  • Calculation provisions for owner-occupied property and school district millage rates.
  • Extended time period for improvements due to catastrophic weather damage.

Sales and Use Taxes

  • Authorized $24 fee for SC Agriculture Tax Exemption (SCATE) Card.
  • Extended or suspended certain sales tax exemptions.

Miscellaneous

  • Reduced interest rate on tax refunds to increase funding for certain programs.
  • Allowed electronic filing of certain license/permit applications.
  • Motor fuel user fee exemption for local government school buses.
  • Suspension of nursing home bed franchise fee continued.

These temporary provisos only apply for the 2023-2024 fiscal year unless reenacted. They cover a wide range of tax-related provisions and exemptions in South Carolina. Reviewing the summary provisos can help CPAs understand short-term tax changes impacting filings and planning for clients.

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