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Qualification for Legal Residence (4%)
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What is required:
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The owner-occupant must have actually owned the residence
for some period of time in the applicable tax year.
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The owner-occupant must have occupied the residence as his
legal residence during the applicable tax year.
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An application must be completed and returned to the tax
assessor’s office along with a copy of the owner’s driver’s
license and vehicle registration showing the correct address
prior to the first penalty date for payment of taxes. (2006
tax year: January 16, 2007).
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Points of interest regarding the application. Under penalties
of perjury the taxpayer certifies the following:
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It is his legal residence and where he is domiciled.
Exception: member of the US armed forces on active duty.
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The taxpayer is required to inform the tax assessor’s office
of change in classification within 6 months of the change.
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Only one home in the State of South Carolina is exempt for
all members of the household. In the case where husband and
wife are not living together, separation papers are required
to be provided to the tax assessor’s office in order for
both the separated husband and wife to obtain the 4%
assessment on their respective homes.
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Vehicle registrations for all motor vehicles registered in
the name of the owner-occupant are required.
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If the property qualified as legal residence on January 1st,
it will qualify for the full year at the owner occupied 4% rate.
EXCEPTION: Unless the taxpayer changes his or her legal
residence to another property purchased or owned prior to
January 1st of the tax year.
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If the property is considered non-owner occupied for current tax
year but the new owner applies and qualified for legal
residence, the property will be taxed at the new 4% rate for the
full year.
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If the property qualifies as owner occupied as of January 1st
but the new owner will not claim this as legal residence, the
current year will be taxed at the 4% rate and the next year
taxes at the 6% rate. EXCEPTION: Unless the taxpayer (seller)
changes his or her legal residence to another property purchased
or owned prior to January 1st of the tax year.
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Other forms of identification may be used in lieu of a driver’s
license and vehicle registration. One example is an
owner-occupant’s most recently filed SC individual income tax
return. The taxpayer may contact the assessor’s office for
specific forms of identification that will be accepted.
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