South Carolina Code of Laws — Title 12 (Taxation)
S.C. Code Ann. § 12-36-1920
Sourcing of sale of telecommunications services
For the purposes of telecommunications sourcing:
# (1)
Except for the defined telecommunication services in item (3), the sale of telecommunication service sold on a call-by-call basis must be sourced to (i) each level of taxing jurisdiction where the call originates and terminates in that jurisdiction or (ii) each level of taxing jurisdiction where the call either originates or terminates and in which the service address is also located.
# (2)
Except for the defined telecommunication services in item (3), a sale of telecommunications services on a basis other than a call-by-call basis, is sourced to the customer's place of primary use.
# (3)
The sale of the following telecommunication services must be sourced to each level of taxing jurisdiction:
# (a)
A sale of mobile telecommunications services, other than air-to- ground radiotelephone service and prepaid calling service, is sourced to the customer's place of primary use as required by the Mobile Telecommunications Sourcing Act.
# (b)
A sale of post-paid calling service is sourced to the origination point of the telecommunications signal as first identified by either (i) the seller's telecommunications system, or (ii) information received by the seller from its service provider, where the system used to transport the signals is not that of the seller.
# (c)
A sale of a private communication service is sourced as follows:
(i) Service for a separate charge related to a customer channel termination point is sourced to each level of jurisdiction in which the customer channel termination point is located.
(ii) Service in which all customer termination points are located entirely within one jurisdiction or levels of jurisdiction is sourced in the jurisdiction in which the customer channel termination points are located.
(iii) Service for segments of a channel between two customer channel termination points located in different jurisdictions and the segments of channel are separately charged is sourced fifty percent in each level of jurisdiction in which the customer channel termination points are located.
(iv) Service for segments of a channel located in more than one jurisdiction or levels of jurisdiction and the segments are not separately billed is sourced in each jurisdiction based on the percentage determined by dividing the number of customer channel termination points in the jurisdiction by the total number of customer channel termination points.
Source: view the official text
In this chapter (40 sections)
- 12-36-920 · Tax on accommodations for transients; reporting
- 12-36-922 · Accommodations tax return information
- 12-36-930 · Sale of motor vehicle to resident of another state
- 12-36-940 · Amounts that may be added to sales price because of tax
- 12-36-950 · Presumption as to gross proceeds; burden of proof; resale…
- 12-36-1110 · Additional sales, use and casual excise tax imposed on…
- 12-36-1120 · Revenue of taxes credited to Homestead Exemption Fund
- 12-36-1130 · Prescribing amounts added to sales price to reflect…
- 12-36-1310 · Imposition of tax; rate; applicability; credit for tax…
- 12-36-1320 · Tax on transient construction property
- 12-36-1330 · Tax on storage, use, or consumption of tangible personal…
- 12-36-1340 · Collection of tax by retailer sellers
- 12-36-1350 · Time of collection of tax by retail seller; refunding or…
- 12-36-1360 · Filing use tax return; payment of tax directly to State
- 12-36-1370 · Presumption of applicability of tax
- 12-36-1710 · Excise tax on casual sales of motor vehicles, motorcycles,…
- 12-36-1720 · Application of tax
- 12-36-1730 · Wilful avoidance of tax; penalty
- 12-36-1740 · Penalty for failure to pay casual excise tax
- 12-36-1910 · Definitions
- 12-36-1920 · Sourcing of sale of telecommunications services
- 12-36-1930 · Application of article
- 12-36-2110 · Maximum tax on sale or lease of certain items; calculation…
- 12-36-2120 · Exemptions from sales tax
- 12-36-2130 · Exemptions from use tax
- 12-36-2140 · Exemptions; distribution facility
- 12-36-2510 · Certificates allowing taxpayer to purchase tangible…
- 12-36-2520 · Tax liability when property delivered out of state;…
- 12-36-2530 · Documentation of entitlement to tax exemption for goods to…
- 12-36-2540 · Duty to keep records and books
- 12-36-2550 · Use of overpayment of tax to offset underpayment or penalty
- 12-36-2560 · Payment of tax on sales made on installment basis
- 12-36-2570 · Time when tax payment due; monthly report
- 12-36-2580 · Special authorization to pay tax quarterly
- 12-36-2590 · Department authorized to require returns and payment for…
- 12-36-2610 · Discount for timely payment of tax
- 12-36-2620 · Sales and use taxes composed of two components
- 12-36-2630 · Seven percent sales tax on accommodations for transients…
- 12-36-2640 · Casual excise tax composed of two components
- 12-36-2645 · Taxes applicable to proceeds of 900/976 telephone service;…