§ 12-54-46 — Exemption certificate violations; penalties; exception.

South Carolina § 12-54-46

• Jurisdiction: South Carolina
• Title 12: TAXATION
• Ch. 54: UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY SOUTH CAROLINA DEPARTMENT OF REVENUE

Text

(A) An individual subject to withholding and required to supply information to his employer pursuant to Chapter 8, Title 12 is liable for a penalty of five hundred dollars for each of the following violations: (1) refusing or failing to provide a withholding exemption certificate; (2) providing a withholding exemption certificate that claims he is exempt from withholding; (3) providing exemptions on a withholding exemption certificate exceeding the number of exemptions to which he is entitled; or (4) requesting a waiver from withholding to which he is not entitled. (B) An additional five-hundred-dollar penalty is imposed each January first that a violation is not corrected. (C) The penalty does not apply to an individual described in subsection (A) who has a change in family circumstances that makes his withholding exemption certificate inaccurate unless his employer or the department has informed him to revise his withholding exemption certificate.

Legislative History

HISTORY: 1995 Act No. 76, SECTION 4; 1998 Act No. 387, SECTION 5; 2005 Act No. 161, SECTION 27, eff June 9, 2005.