Definitions

# (1)

"Administrative Law Court" means the Administrative Law Court created by Section 1-23-500. The Administrative Law Court holds the contested case hearings.

# (2)

"Assessment" means the department's recording the liability of the taxpayer in the office of the department, subject to the restrictions in Section 12-60-440.

# (3)

"Classification" means the various categories of property subject to property tax to which specific property tax assessment ratios apply.

# (4)

"Contested case hearing" has the same meaning as it has in Section 1-23-310. It is a hearing conducted pursuant to Article 3, Chapter 23, Title 1, the South Carolina Administrative Procedures Act, and includes the hearings conducted by the Administrative Law Court to review county boards of assessment appeals decisions, county auditor decisions, decisions on claims for refund made by a majority of county auditor, county treasurer, and county assessor, and department determinations.

# (5)

"County assessor" or "assessor" means a county officer or official who issues an official property tax assessment for real property.

# (6)

"County auditor" or "auditor" means a county officer or official who issues an official property tax assessment for personal property.

# (7)

"County board of assessment appeals" or " county board" means the board of assessment appeals which considers appeals of property tax assessments issued by the property tax assessor for the county and which also hears appeals of refund claims of property as determined by the majority of the county assessor, county auditor, and county treasurer.

# (8)

"Deficiency" means the amount by which a tax exceeds the amount shown on a return or report filed by a taxpayer, if any, plus the amounts previously assessed, or collected without assessment, as a deficiency.

# (9)

"Department" means the South Carolina Department of Revenue.

# (10)

"Department determination" means the final determination within the department from which a taxpayer or a local governing body, as applicable, may request a contested case hearing before the Administrative Law Court.

# (11)

"Department representative" means the person appointed by the department to prepare the department's determination and represent the department at the contested case hearing.

# (12)

"Director" means the director of the department.

# (13)

"Division decision" means a decision by a division of the department that affects the rights or obligations of a person for which no specific appeals rights are provided by this act. Division decision includes the refusal to expunge or satisfy a lien.

# (14)

"Exhaustion of the taxpayer's administrative remedy" means that the taxpayer has:

# (a)

exhausted his prehearing remedy; and

# (b)

had a hearing held pursuant to the Administrative Procedures Act with the Administrative Law Court.

# (15)

"Exhaustion of the taxpayer's prehearing remedy" means that the taxpayer:

# (a)

filed a written protest as required by this chapter;

# (b)

attended the conference with the county board of assessment appeals for the purposes of Subarticle 9, Article 9 of this chapter, or met with the auditor for purposes of Subarticle 13, Article 9 of this chapter; and

# (c)

provided the facts, the law, and other authority supporting the taxpayer's position to:

(i) the county board of assessment appeals at its conference for appeals made pursuant to Subarticle 9, Article 9 of this chapter;

(ii) the auditor in the taxpayer's protest or claim for refund for appeals made pursuant to Subarticle 13, Article 9 of this chapter; or

(iii) the department representative in the protest for regulatory violation matters, and within thirty days after filing the protest for other matters, or the later date agreed to by the department representative. For the purpose of this section, regulatory violation matters are violations of a statute or regulation which controls the conduct of alcoholic beverage licensees, bingo licensees, or coin-operated device licensees. It includes violations which may result in the suspension or revocation of a license, but it does not include taxes or interest on taxes or monetary penalties in Chapter 54 of this title.

# (16)

"Internal Revenue Code" means the Internal Revenue Code as provided in Section 12-6-40(A).

# (17)

"Mathematical or clerical error" means:

# (a)

an error in addition, subtraction, multiplication, or division shown on a return;

# (b)

an incorrect use of a table provided by the department for use with a return, if the incorrect use is apparent from the existence of other information on the return;

# (c)

an omission of information which is required to be supplied on the return to substantiate an entry on the return; or

# (d)

an entry of a deduction or credit item in an amount which exceeds the statutory limit that is either:

(i) a specified monetary amount; or

(ii) a percentage, ratio, or fraction, if the items entering into the application of that limit appear on the return.

# (18)

"Property tax" means ad valorem taxes on real and personal property.

# (19)

"Property tax assessment" means a valuation or determination of property value for annual property tax purposes arrived at by multiplying the fair market value or special use value of the property by the appropriate assessment ratio for the taxable property's classification.

# (20)

"Property tax assessment ratio" means the percentages established for the property classification by Section 12-43-220.

# (21)

"Property tax assessor" means the county assessor, the county auditor, the department, or a government official who issues a property tax assessment.

# (22)

"Property taxpayer" means a person who is liable for, or whose property or interest in property, is subject to, or liable for, a property tax imposed by this title.

# (23)

"Proposed assessment" means the first written notice sent or given to the taxpayer stating that a division within the department has concluded that a tax is due. The term proposed assessment does not include the auditor's work papers, draft audit reports, or a document specifically stating that it is not a proposed assessment.

# (24)

"Protest" means a written appeal of a proposed assessment or a division decision made in accordance with this chapter.

# (25)

"Special use value" means property valued pursuant to Section 12-43-220(d).

# (26)

"State tax" means taxes, licenses, permits, fees, or other amounts, including interest and penalties, imposed by this title, or assessed or collected by the department, except property taxes.

# (27)

"Tax" or "taxes" means taxes, licenses, permits, fees, or other amounts, including interest, regulatory and other penalties, and civil fines, imposed by this title, or subject to assessment or collection by the department.

# (28)

"Tax notice" or "tax bill" means the demand for payment of property taxes.

# (29)

"Taxpayer" means a person who is liable for a tax or who is responsible for collecting and remitting a tax. "Taxpayer" includes a licensee and an applicant for a license, issued by or administered by the department.

# (30)

"Local governing body" means, for property tax purposes, the governing body of a county, municipality, or other political subdivision that is entitled to receive any portion of the tax revenue generated from a property tax assessment.

# (31)

"Affected county" means, for property tax purposes, a county that administers property tax collections for its own jurisdiction or for another local governing body and is in a property tax dispute with a taxpayer.

# (32)

"Chief executive officer" means, for property tax purposes, the official identified in Section 8-13-1110(B)(5).

# (33)

"Chief administrative official" means, for property tax purposes, the official identified in Section 8-13-1110(B)(6).