Public-domain · open source
OpenJurist

S.C. Code Ann. § 12-6-2210

Taxation of business; determination whether entirely or partly transacted or conducted within State

Known as the South Carolina Income Tax Act

The act spans §§ 12–12 (157 sections).

Applied in 5 court decisions — leading case Duke Energy Corp. v. South Carolina Department of Revenue (2016)

Most recently applied in Directv, Inc. v. S.C. Dep't of Revenue (August 2017)

1995 Act No. 76, SECTION 1; 2001 Act No. 89, SECTION 8, eff July 20, 2001, applicable to taxable years beginning after December 31, 2000.

How often courts cite this section

2011201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(A) If the entire business of a taxpayer is transacted or conducted within this State, the income tax as provided in this chapter is measured by the entire net income of the taxpayer for the taxable year. The entire business of the taxpayer is transacted or conducted within the State if the taxpayer is not subject to a net income tax or a franchise tax measured by net income in another state, the District of Columbia, a territory or possession of the United States, or a foreign country, and would not be subject to a net income tax in another taxing jurisdiction if the other taxing jurisdiction adopted the net income tax laws of this State.

(B) If a taxpayer is transacting or conducting business partly within and partly without this State, the South Carolina income tax is imposed upon a base which reasonably represents the proportion of the trade or business carried on within this State. A taxpayer subject to taxation under this section is considered to have been transacting or conducting business partly within and partly without the State if the taxpayer is subject to a net income tax or a franchise tax measured by net income in another state, the District of Columbia, a territory or possession of the United States, or a foreign country, or would be subject to the net income tax in any other taxing jurisdiction if the other taxing jurisdiction adopted the net income tax laws of this State.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.