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S.C. Code Ann. § 12-6-5550

State income tax refund as belonging to surviving spouse

Known as the South Carolina Income Tax Act

The act spans §§ 12-6-10 to 12-6-640 (157 sections).

1995 Act No. 76, SECTION 1; 1998 Act No. 432, SECTION 6.

(A) A federal or state income tax overpayment due to a person who is deceased at the time of the refund is the sole and separate property of the surviving spouse irrespective of the deceased's filing status on the return.

(B) A refund by the United States or any state directly to the surviving spouse operates as a complete acquittal and discharge of liability from suit, claim, or demand of any nature by any heir, distributee, or creditor of the decedent, or by any other person.

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