South Carolina Corporate Tax Data
Question 1-How is confidential data defined?
Detail Level:
Broad Mention
Citation:
S.C. Code §12-54-240
Relevant Language:
TITLE 12 - TAXATION, CHAPTER 54 - UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY SOUTH CAROLINA DEPARTMENT OF REVENUE...§ 12-54-240. DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH DEPARTMENT OF REVENUE BY EMPLOYEES AND AGENTS OF DEPARTMENT AND STATE AUDITOR’S OFFICE PROHIBITED; PENALTIES.(A) Except in accordance with proper judicial order or as otherwise provided by law, it is unlawful for a person to divulge or make known in any manner any particulars set forth or disclosed in any report or return required under Chapters 6, 8, 11, 13, 16, 20, or 36 or Article 17, Chapter 21 of this title...
Question 2-Who is authorized to disclose data?
Detail Level:
Broad Mention
Citation:
S.C. Code Ann. §12-54-240
Relevant Language:
TITLE 12 - TAXATION, CHAPTER 54 - UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY SOUTH CAROLINA DEPARTMENT OF REVENUE...§ 12-54-240. DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH DEPARTMENT OF REVENUE BY EMPLOYEES AND AGENTS OF DEPARTMENT AND STATE AUDITOR’S OFFICE PROHIBITED; PENALTIES...(C) The department shall provide guidelines to persons receiving information pursuant to subsection (B) of this section and shall monitor compliance with this section.
Question 3-For what purposes may data be disclosed?
Detail Level:
Detailed Explanation
Citation:
S.C. Code §12-54-240
Relevant Language:
TITLE 12 - TAXATION, CHAPTER 54 UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY SOUTH CAROLINA DEPARTMENT OF REVENUE...§ 12-54-240. DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH DEPARTMENT OF REVENUE BY EMPLOYEES AND AGENTS OF DEPARTMENT AND STATE AUDITOR’S OFFICE PROHIBITED;PENALTIES...(B) Nothing in this section prohibits the:
(1) publication of statistics classified to prevent the identification of particular reports or returns and the items included on them, or the inspection by the Attorney General or other legal representative of the State of the report or return of a taxpayer;...
(6) disclosure of a deficiency assessment to a probate court or to an attorney conducting a closing, the filing of a tax lien for uncollected taxes, and the issuance of a notice of levy;...
(11) disclosure of information contained on a return to the South Carolina Department of Employment and Workforce, Department of Revenue, or to the Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau;
(12)(a) disclosure to a state agency, county auditor, or county assessor of whether a resident or nonresident tax return was filed by a particular taxpayer, whether the return is joint or individual, the name of a taxpayer filing jointly with the taxpayer, the taxpayer's address as shown on the return, and what county code of residence is contained on the return;
(b) disclosure to a county auditor or county assessor of whether the four percent assessment pursuant to Section 12-43-220(c)(1) has been claimed by a taxpayer in a county;
(13) disclosure and data sharing as provided pursuant to Article 8, Chapter 1, Title 6, the Fairness in Lodging Act;
(14) disclosure and presentation of documents and other information in a bankruptcy proceeding relating to a claim or potential claim, including submission of the claim; disclosure of documents and information to the Trustee and U. S. Trustee; and disclosure of documents and information to the debtor in bankruptcy and the debtor's attorney;
(15) disclosure of information in accordance with the provisions of Article 5, Chapter 55, Title 38, the 'Omnibus Insurance Fraud and Reporting Immunity Act';
(16) disclosure of information pursuant to Section 31-3-50. The public housing authority making this request is responsible for reimbursing the department for actual costs incurred in supplying the information. This information must be provided in the most useful and economical format possible;
(17) disclosure of information to the Secretary of State about a taxpayer who filed an initial or final corporate return or failed to pay a tax or fee or file a return, where the Secretary of State has the power to dissolve administratively the taxpayer or to revoke the taxpayer's authority to transact business in this State for failure to pay taxes or fees or file returns.
(18) disclosure of specific information to a United States Senator from South Carolina, a United States Representative from South Carolina, a South Carolina Constitutional Officer, or a member of the South Carolina General Assembly in connection with a taxpayer's written inquiry for assistance to the elected official, who has then referred the taxpayer to the South Carolina Department of Revenue for assistance;
(19) disclosure of information to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee pursuant to Section 12-4-380;...
(21) disclosure of information, including statistics classified to prevent their identification to certain items on reports or returns, filed in a return pursuant to Chapter 36, Title 12, for accommodations taxes imposed pursuant to Section 12-36-920 and sales and use taxes collected by and reported to the Department of Parks, Recreation and Tourism including, but not limited to, statistics reflecting tourism activity;
(22) disclosure of information contained in a return filed pursuant to Article 17, Chapter 21, Title 12, for the purpose of complying with the Tourism Infrastructure Admissions Tax Act;
(23) disclosure of any information on any return that has been filed with the Department of Revenue to the Department of Health and Human Services for the purpose of verifying Medicaid eligibility;
(24) disclosure of information pursuant to a subpoena issued by the State Grand Jury of South Carolina;
(25) exchange of information between the department and the Department of Commerce pursuant to Section 12-6-3375;...
(27) disclosure of information to the State Treasurer necessary for the administration and enforcement of the Uniform Unclaimed Property Act;
(28) exchange of information between the department, the Department of Commerce and its agency, the Venture Capital Authority, and the Department of Insurance for the purpose of registering and verifying the existence, possession, transfer, and use of tax credits pursuant to Chapter 45, Title 11;...
(29) exchange between the Department of Revenue and the Secretary of State of any information that assists the Department of Revenue or the Secretary of State in determining or verifying information concerning whether a business is a qualified business pursuant to Section 11-44-60;...
Question 4-To which parties may data be disclosed?
Detail Level:
Detailed Explanation
Citation:
S.C. Code §12-54-240
Relevant Language:
TITLE 12 - TAXATION, CHAPTER 54 - UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY SOUTH CAROLINA DEPARTMENT OF REVENUE...§ 12-54-240. DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH DEPARTMENT OF REVENUE BY EMPLOYEES AND AGENTS OF DEPARTMENT AND STATE AUDITOR’S OFFICE PROHIBITED; PENALTIES.(9) disclosure of information pursuant to Section 12-4-310(5) to county and municipal officials;...(11) disclosure of information contained on a return to the South Carolina Department of Employment and Workforce, Department of Revenue, or to the Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau;...(17) disclosure of information to the Secretary of State...(19) disclosure of information to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee pursuant to Section 12-4-380;...(21) disclosure of information, including statistics classified to prevent their identification to certain items on reports or returns, filed in a return pursuant to Chapter 36, Title 12, for accommodations taxes imposed pursuant to Section 12-36-920 and sales and use taxes collected by and reported to the Department of Parks, Recreation and Tourism including, but not limited to, statistics reflecting tourism activity;...(28) exchange of information between the department, the Department of Commerce and its agency, the Venture Capital Authority, and the Department of Insurance ...(29) exchange between the Department of Revenue and the Secretary of State of any information that assists the Department of Revenue or the Secretary of State in determining or verifying information concerning whether a business is a qualified business pursuant to Section 11-44-60;
Question 5-What specific data elements may be disclosed?
Detail Level:
Broad Mention
Citation:
S.C. Code §12-54-240
Relevant Language:
TITLE 12 - TAXATION, CHAPTER 54 - UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY SOUTH CAROLINA DEPARTMENT OF REVENUE...§ 12-54-240 - DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH DEPARTMENT OF REVENUE BY EMPLOYEES AND AGENTS OF DEPARTMENT AND STATE AUDITOR’S OFFICE PROHIBITED; PENALTIES...(B)(11) disclosure of information contained on a return to the South Carolina Department of Employment and Workforce, Department of Revenue, or to the Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau;...(17) disclosure of information to the Secretary of State about a taxpayer who filed an initial or final corporate return or failed to pay a tax or fee or file a return,..(21) disclosure of information, including statistics classified to prevent their identification to certain items on reports or returns, filed in a return pursuant to Chapter 36, Title 12, for accommodations taxes imposed pursuant to Section 12-36-920 and sales and use taxes collected by and reported to the Department of Parks, Recreation and Tourism including, but not limited to, statistics reflecting tourism activity;(22) disclosure of information contained in a return filed pursuant to Article 17, Chapter 21, Title 12, for the purpose of complying with the Tourism Infrastructure Admissions Tax Act;...(29) exchange between the Department of Revenue and the Secretary of State of any information that assists the Department of Revenue or the Secretary of State in determining or verifying information concerning whether a business is a qualified business pursuant to Section 11-44-60;
Question 6-What type of data sharing agreement is required for data disclosure?
Detail Level:
Broad Mention
Citation:
S.C. Code §12-54-240
Relevant Language:
TITLE 12 - TAXATION, CHAPTER 54 - UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY SOUTH CAROLINA DEPARTMENT OF REVENUE...§ 12-54-240 - DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH DEPARTMENT OF REVENUE BY EMPLOYEES AND AGENTS OF DEPARTMENT AND STATE AUDITOR’S OFFICE PROHIBITED; PENALTIES...(C) The department shall provide guidelines to persons receiving information pursuant to subsection (B) of this section and shall monitor compliance with this section.
Question 7-What safeguards are required for data disclosure?
Detail Level:
Broad Mention
Citation:
S.C. Code §12-54-240
Relevant Language:
TITLE 12 - TAXATION, CHAPTER 54 - UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY SOUTH CAROLINA DEPARTMENT OF REVENUE...§ 12-54-240 - DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH DEPARTMENT OF REVENUE BY EMPLOYEES AND AGENTS OF DEPARTMENT AND STATE AUDITOR’S OFFICE PROHIBITED; PENALTIES...(C) The department shall provide guidelines to persons receiving information pursuant to subsection (B) of this section and shall monitor compliance with this section.
Question 8-What are the payment provisions for data disclosure?
Detail Level:
Not Addressed
Question 9-What are the penalties for violating disclosure rules?
Detail Level:
Detailed Explanation
Citation:
S.C. Code §12-54-240
Relevant Language:
TITLE 12 - TAXATION, CHAPTER 54 - UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY SOUTH CAROLINA DEPARTMENT OF REVENUE...§ 12-54-240 - DISCLOSURE OF RECORDS OF AND REPORTS AND RETURNS FILED WITH DEPARTMENT OF REVENUE BY EMPLOYEES AND AGENTS OF DEPARTMENT AND STATE AUDITOR’S OFFICE PROHIBITED; PENALTIES.(A) Except in accordance with proper judicial order or as otherwise provided by law, it is unlawful for a person to divulge or make known in any manner any particulars set forth or disclosed in any report or return required under Chapters 6, 8, 11, 13, 16, 20, or 36 or Article 17, Chapter 21 of this title. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. If the offender is an officer or an employee of the State, he must be dismissed from office and is disqualified from holding any public office in this State for a period of five years thereafter. If the offender is an officer or employee of a company retained by the State on an independent contract basis under subsection (B)(3) of this section or Section 12-4-350, the contract is immediately terminated and the company is not eligible to contract with the State for this purpose for a period of five years thereafter.
