South Carolina Code of Laws — Title 12 (Taxation)
S.C. Code Ann. § 12-36-950
Presumption as to gross proceeds; burden of proof; resale certificate
It is presumed that all gross proceeds are subject to the tax until the contrary is established. The burden of proof that the sale of tangible personal property is not a sale at retail is on the seller.
However, if the seller receives a resale certificate signed by the purchaser stating that the property is purchased for resale, the liability for the sales tax shifts from the seller to the purchaser.
The resale certificate must include the purchaser's name, address, retail sales tax license number, and any other provisions or information considered necessary by the department.
The department may require the seller to provide information it considers necessary for the administration of this section.
Source: view the official text
In this chapter (40 sections)
- 12-36-80 · "Retailer maintaining a place of business in this State"
- 12-36-90 · "Gross proceeds of sales"
- 12-36-100 · "Sale" and "purchase"
- 12-36-110 · Sale at retail; retail sale
- 12-36-120 · "Wholesale sale" and "sale at wholesale"
- 12-36-130 · "Sales price"
- 12-36-140 · "Storage" and "use"
- 12-36-150 · "Transient construction property"
- 12-36-510 · Retail license requirements; license tax; "special events"
- 12-36-511 · Disclosure of tobacco-related information in retail license…
- 12-36-520 · Bond requirement for retailers without permanent sales…
- 12-36-540 · License application information; separate license required…
- 12-36-550 · Duration of license's validity; display of license; license…
- 12-36-560 · Operation of business without license or with license…
- 12-36-570 · Penalty for failure to pay license tax
- 12-36-910 · Five percent tax on tangible personal property; laundry…
- 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