Tag Archives: South Carolina

HOW TO DETERMINE IF YOU ARE A SC RESIDENT FOR TAX PURPOSES

February 21, 2024

SCDOR Tax Tips

​​What you nee​d to know:

  • You should file as a South Carolina resident if you intend to maintain the state as your permanent home, keep South Carolina as the center of your financial, social and family life, and when you’re away, intend to return back to the state.
  • You must file as a nonresident if you have a permanent home outside of South Carolina and none of the other resident criteria apply.
  • Those in the military​ who entered the service with South Carolina as their home should file a state return as a South Carolina resident, even if absent from the state on military orders.

More than 346,000 taxpayers filed South Carolina Individual Income Tax returns in tax year 2022 as nonresidents. Another 3,220 filed returns from outside the country.

Some of those nonresidents may have just moved to the state. Others work in South Carolina but live in a neighboring state. Some are in the military and are stationed in South Carolina but consider another state home. If you fall into one of those categories and are unsure how to determine if you are a South Carolina resident for tax purposes, the South Carolina Department of Revenue (SCDOR) has some tips to help:

You are considered a South Carolina resident if all three of the following are true:

  • Your intention is to maintain South Carolina as your permanent home.
  • South Carolina is the center of your financial, social, and family life.
  • When you are away, South Carolina is the place to which you intend to return.

You are considered a nonresident of South Carolina if the following is true:

  • Your permanent home is located outside of South Carolina all year.
  • None of the requirements listed above are true.

But the SCDOR knows that, for many folks, determining your residency isn’t quite that easy. Here are some tips on what to do in certain special circumstances:

  • Military members who left South Carolina on military orders to be stationed elsewhereIf you enter the military as a South Carolina resident, you do not lose your residency, even if you are absent from the state on military orders. You should file a South Carolina return as a South Carolina resident.
  • Married couples where one spouse is a resident while the other is not – Couples in this situation should file a South Carolina return with the accompanying Schedule NR. On the Schedule NR, Column A is the income from your federal return, and Column B includes only the income earned while a resident of South Carolina or income earned from South Carolina sources.
  • SC residents who work in another state – As a resident of South Carolina, you are taxed on all your income regardless of where it is earned. In order to avoid double taxation, South Carolina allows a tax credit for taxes you paid to another state on wages earned in that state.
  • Those who are part-year residents of SCThese folks should choose the filing method below that is most beneficial:
    • You can compute South Carolina tax as a South Carolina resident for the entire year. File an SC return including all federal taxable income and use the SC1040TC to claim a credit for Income Tax paid to another state.
    • ​Or, you can compute South Carolina tax using the Schedule NR. Include in Column B of the Schedule NR only the amounts that are taxable to South Carolina. Amounts taxable to South Carolina include all items of income, gain, loss, or deductions earned from South Carolina sources or while you are a South Carolina resident. File an SC return and attach the completed Schedule NR.

For more Individual Income Tax information, visit the SCDOR’s Individual Income Tax FAQ page. For more information on residency and domicile, refer to the SCDOR’s Determining a Taxpayer’s Domicile for Income Tax Purposes guide.

 

South Carolina taxpayers impacted by Idalia qualify for relief

September 6, 2023

IRS: South Carolina taxpayers impacted by Idalia qualify for tax relief; Oct. 16 deadline, other dates postponed to Feb. 15

WASHINGTON — The Internal Revenue Service today announced tax relief for individuals and businesses affected by Idalia, anywhere in South Carolina. These taxpayers now have until Feb. 15, 2024, to file various federal individual and business tax returns and make tax payments. This is similar to relief already being provided in most of Florida.

Link to IRS disaster web page

The IRS is offering relief to any area designated by the Federal Emergency Management Agency (FEMA). All 46 counties in South Carolina qualify. Individuals and households that reside or have a business in these counties qualify for tax relief. The current list of eligible localities is always available on the disaster relief page on IRS.gov.

Filing and Payment Relief
The tax relief postpones various tax filing and payment deadlines that occurred from Aug. 29, 2023, through Feb. 15, 2024 (postponement period). As a result, affected individuals and businesses will have until Feb. 15, 2024, to file returns and pay any taxes that were originally due during this period.

This means, for example, that the Feb. 15, 2024, deadline will now apply to:

  • Individuals who had a valid extension to file their 2022 return due to run out on Oct. 16, 2023. The IRS noted, however, that because tax payments related to these 2022 returns were due on April 18, 2023, those payments are not eligible for this relief.
  • Quarterly estimated income tax payments normally due on Sept. 15, 2023, and Jan. 16, 2024.
  • Quarterly payroll and excise tax returns normally due on Oct. 31, 2023, and Jan. 31, 2024.
  • Calendar-year partnerships and S corporations whose 2022 extensions run out on Sept. 15, 2023.
  • Calendar-year corporations whose 2022 extensions run out on Oct. 16, 2023.
  • Calendar-year tax-exempt organizations whose extensions run out on Nov. 15, 2023.

In addition, penalties for the failure to make payroll and excise tax deposits due on or after Aug. 29, 2023, and before Sept. 13, 2023, will be abated as long as the deposits are made by Sept. 13, 2023.

The IRS disaster relief page has details on other returns, payments and tax-related actions qualifying for relief during the postponement period.

The IRS automatically provides filing and penalty relief to any taxpayer with an IRS address of record located in the disaster area. These taxpayers do not need to contact the agency to get this relief.

It is possible an affected taxpayer may not have an IRS address of record located in the disaster area, for example, because they moved to the disaster area after filing their return. In these kinds of unique circumstances, the affected taxpayer could receive a late filing or late payment penalty notice from the IRS for the postponement period. The taxpayer should call the number on the notice to have the penalty abated.

In addition, the IRS will work with any taxpayer who lives outside the disaster area but whose records necessary to meet a deadline occurring during the postponement period are located in the affected area. Taxpayers qualifying for relief who live outside the disaster area need to contact the IRS at 866-562-5227. This also includes workers assisting the relief activities who are affiliated with a recognized government or philanthropic organization.

Additional Tax Relief
Individuals and businesses in a federally declared disaster area who suffered uninsured or unreimbursed disaster-related losses can choose to claim them on either the return for the year the loss occurred (in this instance, the 2023 return normally filed next year), or the return for the prior year (2022). Taxpayers have extra time – up to six months after the due date of the taxpayer’s federal income tax return for the disaster year (without regard to any extension of time to file) – to make the election. Be sure to write the FEMA declaration number – DR-3597-EM − on any return claiming a loss. See Publication 547, Casualties, Disasters, and Thefts, for details.

Qualified disaster relief payments are generally excluded from gross income. In general, this means that affected taxpayers can exclude from their gross income amounts received from a government agency for reasonable and necessary personal, family, living or funeral expenses, as well as for the repair or rehabilitation of their home, or for the repair or replacement of its contents. See Publication 525, Taxable and Nontaxable Income, for details.

Additional relief may be available to affected taxpayers who participate in a retirement plan or individual retirement arrangement (IRA). For example, a taxpayer may be eligible to take a special disaster distribution that would not be subject to the additional 10% early distribution tax and allows the taxpayer to spread the income over three years. Taxpayers may also be eligible to make a hardship withdrawal. Each plan or IRA has specific rules and guidance for their participants to follow.

The IRS may provide additional disaster relief in the future.

The tax relief is part of a coordinated federal response to the damage caused by this storm and is based on local damage assessments by FEMA. For information on disaster recovery, visit disasterassistance.gov.

IRS issues guidance on state tax payments to help taxpayers

 

February 10, 2023

WASHINGTON – The Internal Revenue Service provided details today clarifying the federal tax status involving special payments made by 21 states in 2022.

The IRS has determined that in the interest of sound tax administration and other factors, taxpayers in many states will not need to report these payments on their 2022 tax returns.

During a review, the IRS determined it will not challenge the taxability of payments related to general welfare and disaster relief. This means that people in the following states do not need to report these state payments on their 2022 tax return: California, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Maine, New Jersey, New Mexico, New York, Oregon, Pennsylvania and Rhode Island. Alaska is in this group as well, but please see below for more nuanced information.

In addition, many people in Georgia, Massachusetts, South Carolina and Virginia also will not include state payments in income for federal tax purposes if they meet certain requirements. For these individuals, state payments will not be included for federal tax purposes if the payment is a refund of state taxes paid and either the recipient claimed the standard deduction or itemized their deductions but did not receive a tax benefit.

The IRS appreciates the patience of taxpayers, tax professionals, software companies and state tax administrators as the IRS and Treasury worked to resolve this unique and complex situation.

The IRS is aware of questions involving special tax refunds or payments made by certain states related to the pandemic and its associated consequences in 2022. A variety of state programs distributed these payments in 2022 and the rules surrounding their treatment for federal income tax purposes are complex. While in general payments made by states are includable in income for federal tax purposes, there are exceptions that would apply to many of the payments made by states in 2022.

To assist taxpayers who have received these payments file their returns in a timely fashion, the IRS is providing the additional information below.

Refund of state taxes paid

If the payment is a refund of state taxes paid and either the recipient claimed the standard deduction or itemized their deductions but did not receive a tax benefit (for example, because the $10,000 tax deduction limit applied) the payment is not included in income for federal tax purposes.

Payments from the following states in 2022 fall in this category and will be excluded from income for federal tax purposes unless the recipient received a tax benefit in the year the taxes were deducted.

  • Georgia
  • Massachusetts
  • South Carolina
  • Virginia

General welfare and disaster relief payments

If a payment is made for the promotion of the general welfare or as a disaster relief payment, for example related to the outgoing pandemic, it may be excludable from income for federal tax purposes under the General Welfare Doctrine or as a Qualified Disaster Relief Payment.  Determining whether payments qualify for these exceptions is a complex fact intensive inquiry that depends on a number of considerations.

The IRS has reviewed the types of payments made by various states in 2022 that may fall in these categories and given the complicated fact-specific nature of determining the treatment of these payments for federal tax purposes balanced against the need to provide certainty and clarity for individuals who are now attempting to file their federal income tax returns, the IRS has determined that in the best interest of sound tax administration and given the fact that the pandemic emergency declaration is ending in May, 2023 making this an issue only for the 2022 tax year, if a taxpayer does not include the amount of one of these payments in its 2022 income for federal income tax purposes, the IRS will not challenge the treatment of the 2022 payment as excludable for income on an original or amended return.

Payments from the following states fall in this category and the IRS will not challenge the treatment of these payments as excludable for federal income tax purposes in 2022.

  • Alaska[1]
  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Idaho
  • Illinois[2]
  • Indiana
  • Maine
  • New Jersey
  • New Mexico
  • New York2
  • Oregon
  • Pennsylvania
  • Rhode Island

For a list of the specific payments to which this applies, please see this chart.

Other payments

Other payments that may have been made by states are generally includable in income for federal income tax purposes.  This includes the annual payment of Alaska’s Permanent Fund Dividend and any payments from states provided as compensation to workers.


[1] Only for the supplemental Energy Relief Payment received in addition to the annual Permanent Fund Dividend.

[2] Illinois and New York issued multiple payments and in each case one of the payments was a refund of taxes, which should be treated as noted above, and one of the payments is in the category of disaster relief payment.

Please feel free to call Tax On Wheels, LLC at 803 732-4288 if we can be of assistance to you with this or any other tax matter.

SC Tax Consequences of Federal Student Loan Debt Forgiveness

September 1, 2022

South Carolina Tax Treatment. South Carolina adopts Internal Revenue Code Section 108. During the 2022 Legislative Session, South Carolina conformed to the Internal Revenue Code as of December 31, 2021,2 including conformity to the amendment to Internal Revenue Code Section 108(f)(5), as amended by Section 9675 of the federal American Rescue Plan Act of 2021.

Since South Carolina adopts Internal Revenue Code Section 108, to the extent a student loan described in Internal Revenue Code Section 108(f) is forgiven for federal income tax purposes and excluded from federal taxable income, then the amount is also excluded from South Carolina taxable income.

For federal income tax purposes, the receipt of a loan is not a taxable event. Forgiveness of a loan is often treated as taxable income under Internal Revenue Code Section 61, “Gross Income Defined,” and Internal Revenue Code Section 108, “Income from Discharge of Indebtedness.”
Federal Tax Treatment of Student Loan Debt Forgiveness and Temporary Provisions. Internal Revenue Code Section 108(f) relates to student loans.

The federal American Rescue Plan of 20211 (enacted by Congress on March 11, 2021), Section 9675, “Modification of Treatment of Student Loan Forgiveness,” amended Internal Revenue Code Section 108(f)(5) to temporarily add special rules for the discharge of student loans in 2021 through 2025.

South Carolina Individual Income Tax rebates are on the way

August 10, 2022
The South Carolina Department of Revenue (SCDOR) will issue close to one billion dollars in state tax rebates before the end of the year but only to those who have filed their 2021 SC Individual Income Tax returns by October 17, 2022, the filing extension deadline.
State lawmakers approved the rebates in June as they finalized the state budget. This rebate is based on your tax liability up to a certain amount. However, that amount cannot be determined until after October 17, when all eligible returns have been filed.
Keep reading to learn more about the coming rebates, including how much money you can expect and how to determine your eligibility. We also recommend that you bookmark our rebate homepage, which will be updated regularly with the latest information.
It’s easy to determine if you’re eligible to receive a rebate:
● You must have filed an SC Individual Income Tax return (SC1040) for tax year 2021 by October 17, 2022.
● You must have owed state Income Tax for tax year 2021, what tax professionals call tax liability. Specifically, that is the Income Tax you owe minus any credits.
● You can be a South Carolina resident, part-year resident, or nonresident.
The following groups are not eligible to receive a rebate:
● Those who have not filed an SC Individual Income Tax return by October 17, 2022.
● Taxpayers who have no state Individual Income Tax liability for the 2021 tax year.
You can calculate the rebate amount you can expect by looking at your 2021 Individual Income Tax return (SC1040):
● On your 2021 SC1040, add your refundable credits, lines 21 and 22. Now subtract those credits, if any, from line 15.That’s line 15 – (line 21 + line 22)
● If that amount is less than the rebate cap set by the SCDOR after October 17, you will receive that amount.
● If it is greater than or equal to the cap, you will receive the cap amount.
● While the legislation sets a minimum cap of $700, the actual amount will be set by the SCDOR after October 17. That’s the deadline for extension filers and when we’ll know how many taxpayers are eligible for a rebate.
● Taxpayers do not need to send their self-calculation or any additional information to the SCDOR to receive their rebate.
For most taxpayers, the SCDOR will issue rebates in much the same way we issued refunds this year.
● If you received a refund by direct deposit, the SCDOR will use the same bank account to issue your rebate by direct deposit.
● If your bank account has changed since receiving your 2021 direct deposit refund, notify us by November 1. Download and complete the SC5000 and email it to SCRebate@dor.sc.gov. You will receive your rebate as a paper check.
Paper checks will be issued if:
● You received your 2021 refund by debit card or paper check.
● You had a balance due and did not receive a refund.
● You received your 2021 refund using a tax preparer’s account.
Be sure your address on file with the SCDOR is current.
● If you need to change your address, notify us of your new address by November 1. Download and complete the SC5000 and email it to SCRebate@dor.sc.gov.

The SCDOR to begin accepting Tax returns on Monday, January 28, 2019.

The South Carolina Department of Revenue (SCDOR) and the IRS will begin accepting Individual Income Tax returns on Monday, January 28, 2019.
The SCDOR is encouraging taxpayers to file electronically. “It’s faster, more accurate, and the safest method of filing,” said SCDOR Director Hartley Powell. “Last year, 89% of South Carolinians filed electronically. We hope to exceed that number this year.”
Five things to know for the 2019 filing season:
  1. Filing electronically is the fastest and most secure way to file.
  2. Processing your return and refund is expected to take 6-8 weeks.
  3. Fighting fraud to protect taxpayer dollars is our priority.
  4. State and federal returns are due April 15, 2019.
  5. Check your refund status at dor.sc.gov/refund.
Filing electronically saves you time and money, plus:
  • Automatic calculations reduce the chance of errors;
  • Systematic checkpoints ensure your return is complete before submission; and
  • We receive your return sooner.
Expecting a refund? Processing may take 6-8 weeks.
We will begin processing returns February 4 to allow employers to meet the January 31 W2 submission deadline. Return and refund processing is expected to take 6-8 weeks from February 4 or the date you file, whichever is later. This allows time for the SCDOR to use all available tools to check for fraud and protect your refund. “We’re going to make every effort to issue refunds as quickly and securely as possible, so the right taxpayer ends up with the right refund amount,” said Powell.
Make sure you have all W2s, 1099s, and other withholding information before filing your return because year-end pay stub information may not match what your employer reports to the SCDOR. When the information you provide does not match your employer’s information, it slows down your return and refund.
Stay informed:
Find more resources for the tax season at dor.sc.gov/iit. Connect with us on Facebook and Twitter to stay up-to-date with the latest news, tax tips, and available taxpayer resources.

Liberty Tax franchises closed by IRS due to alleged fraud

November 5, 2016

Liberty tax outlets across the country have suffered a string of setbacks in the past few months.  Federal authorities allege fraudulent tax returns were generated at several locations.  Most recently, three local Liberty Tax franchise stores were shut down by federal authorities and the operator of the franchise was permanently barred from preparing tax returns.

But that is not the end of the story.  Apparently, as part of a court ordered injunction, the franchise operator will have to provide to the IRS a list of all of its customers.  We don’t think the IRS wants that information so it can update their holiday greeting card list.  We suspect that many of those on the list can expect some type of inquiry/audit from tax authorities in the near future.  And here’s a pro tip, there is no statute of limitations on tax fraud.  Normally, if you have been reasonably accurate in filing your tax return you can assume that the IRS cannot and will not challenge your return after 3 years.  But not so if you have filed a fraudulent return, or had one filed on your behalf. The IRS can come after you at any time in the future with no deadline or time limit.  Ouch!

Even if you consider yourself a victim of unscrupulous tax return preparers and you had no idea there was anything wrong, you are ultimately responsible for everything on your tax return.  You may be babe in the woods innocent, but that will not change your tax liability.  You will be responsible for all of the taxes the IRS believes you owe.  The good news is you may be able to convince the IRS to relieve you of some of the quite substantial penalties that may apply.

If you find that you need assistance in responding to a letter or audit from a state or federal taxing authority, whether due to the recent Liberty Tax troubles or not, please let us see how we can help you.  We’ll give you an honest assessment of your situation and provide you with several steps to take to help mitigate the damage, all for no cost or obligation.  If, however, you would like our assistance in responding to the letter or audit, Tax On Wheels,LLC is here to help.  We will offer you a fair price, to help resolve your tax issues.  Frequently we find that our prices are significantly lower than many of our competitors to obtain the exact same results.

Tax On Wheels, LLC can be reached at 803 732-4288 or toll free at 877 439-3514.  Our email address is taxonwheels@att.net.

IRS Gives Victims of Hurricane Matthew Until March 15 to File

October 17, 2016

IRS Gives Expanded Tax Relief to Victims of Hurricane Matthew; Parts of Four States Eligible; Extension Filers Have Until March 15 to File

Caution:  This is not an extension to pay taxes due by April 17, 2016! Read this carefully to understand the relief granted.

WASHINGTON –– Hurricane Matthew victims in much of North Carolina and parts of South Carolina, Georgia and Florida have until March 15, 2017, to file certain individual and business tax returns and make certain tax payments, the Internal Revenue Service announced today. This includes an additional filing extension for those with valid extensions that run out at midnight tonight, Oct. 17.

The IRS is now offering this expanded relief to any area designated by the Federal Emergency Management Agency (FEMA), as qualifying for either individual assistance or public assistance. Moreover, taxpayers in counties added later to the disaster area will automatically receive the same filing and payment relief.

The IRS is taking this step due to the unusual factors involving Hurricane Matthew and the interaction with the Oct. 17 extension deadline.

The tax relief postpones various tax filing and payment deadlines that occurred starting on Oct. 4, 2016. As a result, affected individuals and businesses will have until March 15, 2017, to file returns and pay any taxes that were originally due during this period. This includes the Jan. 17 deadline for making quarterly estimated tax payments. For individual tax filers, it also includes 2015 income tax returns that received a tax-filing extension until today, Oct. 17, 2016. The IRS noted, however, that because tax payments related to these 2015 returns were originally due on April 18, 2016, those are not eligible for this relief.

A variety of business tax deadlines are also affected including the Oct. 31 and Jan. 31 deadlines for quarterly payroll and excise tax returns. It also includes the special March 1 deadline that applies to farmers and fishermen who choose to forgo making quarterly estimated tax payments.

In addition, the IRS is waiving late-deposit penalties for federal payroll and excise tax deposits normally due on or after Oct. 4 and before Oct. 19 if the deposits are made by Oct. 19, 2016. Details on available relief can be found on the disaster relief page on IRS.gov.

The IRS automatically provides filing and penalty relief to any taxpayer with an IRS address of record located in the disaster area. Thus, taxpayers need not contact the IRS to get this relief. However, if an affected taxpayer receives a late filing or late payment penalty notice from the IRS that has an original or extended filing, payment or deposit due date falling within the postponement period, the taxpayer should call the number on the notice to have the penalty abated.

In addition, the IRS will work with any taxpayer who lives outside the disaster area but whose records necessary to meet a deadline occurring during the postponement period are located in the affected area. Taxpayers qualifying for relief who live outside the disaster area need to contact the IRS at 866-562-5227. This also includes workers assisting the relief activities who are affiliated with a recognized government or philanthropic organization.

Individuals and businesses who suffered uninsured or unreimbursed disaster-related losses can choose to claim them on either the return for the year the loss occurred (in this instance, the 2016 return normally filed next year), or the return for the prior year (2015). See Publication 547 for details.

Currently, the following areas are eligible for relief:

North Carolina: Beaufort, Bertie, Bladen, Brunswick, Camden, Carteret, Chowan, Columbus, Craven, Cumberland, Currituck, Dare, Duplin, Edgecombe, Gates, Greene, Harnett, Hoke, Hyde, Johnston, Jones, Lenoir, Martin, Nash, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Pitt, Robeson, Sampson, Tyrrell, Washington, Wayne and Wilson counties.

South Carolina: Beaufort, Berkeley, Charleston, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Horry, Jasper, Marion, Orangeburg and Williamsburg counties.

Georgia: Bryan, Camden, Chatham, Glynn, Liberty and McIntosh counties.

Florida: Brevard, Duval, Flagler, Indian River, Nassau, St. Johns, St. Lucie and Volusia counties.

The tax relief is part of a coordinated federal response to the damage caused by severe storms and flooding and is based on local damage assessments by FEMA. For information on disaster recovery, visit disasterassistance.gov.

As always, please feel free to contact Tax On Wheels,LLC at 803 732-4288 if you need assistance with this or any tax related matter.

SCDOR Offering Hurricane Matthew Tax Relief for Certain Taxpayers

October 12, 2016
The South Carolina Department of Revenue is extending certain South Carolina tax deadlines for taxpayers in counties declared a federal disaster area. Official information including tax types and deadlines will be outlined in a forthcoming SCDOR Information Letter. Affected counties include:
  • Beaufort
  • Berkeley
  • Charleston
  • Colleton
  • Darlington
  • Dillon
  • Dorchester
  • Florence
  • Georgetown
  • Horry
  • Jasper
  • Marion
  • Williamsburg
For More Information:
DOR Public Affairs Office
(803) 898-5773
As always, please feel free to contact Tax On Wheels, LLC at 803 732-4288 if we can be of assistance to you with this or any other tax matter.