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SOUTH CAROLINA
                                              Department of Revenue
                                              Forms and Instructions
                                                        www.sctax.org

                    2008 Individual Income Tax
  Filing Electronically adds up to faster refunds . . .
                              Electronic Filing Advantages
     Electronic                  Fewer errors
     Filing                      Direct deposit of a refund is available ONLY to Electronic Filers
                                 State return incentive - file early and pay by May 1st
                                 Pay balance due via Electronic Funds Withdrawal

                              Free File
                                 You may qualify to electronically file your federal and South
                                 Carolina return for FREE. Go to the SC DOR website at
                                 www.sctax.org to see if you qualify.

                              Fed/State On-Line Filing
                                 Link to tax preparation software at www.sctax.org

                              Fed/State Electronic Filing
                                 Search for tax preparers by zip code at www.sctax.org

                              SCnetFile - Extensions ONLY
                                File zero or balance due extension (SC4868)
                                Access SCnetFile for Extensions at www.sctax.org
                                Pay balance due by credit card or EFW
IMPORTANT: The Individual Income Tax Booklet no longer contains the SC1040A South Carolina Short Form. If
necessary, taxpayers may obtain the SC1040A from our website under the Current Year Forms heading or by calling
Forms/Fax-On-Demand at 1-800-768-3676.


            Check our website (www.sctax.org) for the latest version of current year forms.

                       Information/Website ................................................................ www.sctax.org
                       Information/Columbia .............................................................. (803) 898-5709
                       Refund Status/Columbia ......................................................... (803) 898-5300
                       Forms/Fax-On-Demand/Columbia .......................................... (803) 898-5320
                       Forms/Fax-On-Demand/Toll Free ........................................... 1-800-768-3676
                       Suggestions for Forms......................................suggestions4forms@sctax.org
(Rev. 10/7/08)
TABLE OF CONTENTS

SUBJECT                                                                     PAGE             SUBJECT                                                                  PAGE

                                                                                             Income Tax Withholding
AARP Tax-Aide Program ................................................. 26
Accommodations Tax ................................Inside Back Cover                            SC1040.................................................................... 12
Address Change/Moving .................................................. 9                   Internet Filing ............................................................... 3
Age 65 and older Deduction                                                                   Residency .................................................................... 7
    SC1040 ........................................................................ 17       Retirement Income Deduction
    Schedule NR ................................................................ 23             SC1040 ................................................................... 16
Amended Return Information ............................................ 9                       Schedule NR ........................................................... 22
Automated Refund Information ......................................... 27                    Rounding Off to Whole Dollars ..................................... 9
Bonus Depreciation ........................................................... 14            SC1040: Instructions ................................................... 10
Child and Dependent Care Expenses - Credit for                                                          Additions to Income ..................................... 13
    SC1040 ........................................................................ 11                  Subtractions from Income ............................ 15
Common Errors.................................................................. 2            Schedule NR (Nonresident Schedule) Instructions ....... 20
Compliance and Recovery................................................. 26                  Social Security Benefits
Composite Returns .......................................................... 25                 SC1040 ................................................................... 16
Contribution Check-offs
                                                                                                Schedule NR ........................................................... 21
    SC1040 ........................................................................ 13
                                                                                             Tax Rate Schedule ....................................................... 33
Copies of Tax Returns ...................................................... 26
                                                                                             Tax Table ............................................................... 30 - 33
County Codes ................................................................... 29
                                                                                             Taxpayers' Bill of Rights ............................................... 29
Credits Against Tax
                                                                                             Taxpayer Service Centers ........................ Back of Booklet
    SC1040 ........................................................................ 11
                                                                                             Taxpayer Services ........................................................ 26
Deceased Taxpayers ........................................................ 8
                                                                                             Tuition Tax Credit
Estimated Tax ................................................................... 9
                                                                                               SC1040 .................................................................... 12
Fax-On-Demand Forms Ordering ..................................... 6
                                                                                             Use Tax
Family Privacy Protection Act .................. Inside Back Cover
                                                                                                SC1040 .................................................................... 13
Filing Options .................................................................... 3
                                                                                             What's New ................................................................. 4
Filing Status
                                                                                             When to File ................................................................. 8
    SC1040 ........................................................................ 10
                                                                                             Which Form to File ....................................................... 8
General Instructions .......................................................... 7
Income Tax Assistance ..................................................... 26



SC1040, Schedule NR, SC1040TC, I-319, I-330, UT-3W/UT-3, SC4868, and SC8822 are located in the center of the booklet.


                                                              www.sctax.org
                                                        Look what's on our website!
   Individual Income Tax Frequently Asked Questions (FAQ's).

   Electronic Filing options. Get your refund faster! See page 3.

   Fast Facts. Get updates on current processing times, yearly statistics and more.

   Check the status of your current year refund. You will need a copy of your return, your social security number and your expected
   refund amount. See page 27.

   File an SC4868 Request for Extension of Time to File your Return! File a zero or balance due extension. Pay by credit card
   (MasterCard or VISA) or Electronic Funds Withdrawal.

   Make your estimated tax payments (SC1040ES) by credit card (MasterCard or VISA) or Electronic Funds Withdrawal.

   If you file your return electronically, you can make this year's individual income tax (SC1040-V) payment by credit card (MasterCard
   or Visa) or Electronic Funds Withdrawal.

   Download forms for back year returns.

   Register your business. Go to www.SCBOS.com, The Business One Stop for SC.




                                                                                         1
Common Errors that Delay Refunds
                ....and How to Avoid
                        Them!
    It is important to follow these guidelines to avoid delays in processing your return!
   DO                                                              DO
               Use an Electronic Filing option. See                               If you complete Schedule NR, attach
               page 3 for more information.                                       it to your SC1040 and make sure you
                                                                                  mark the NR box.
   DO          Use the proper form. If you are filing a
                                                                   DO
               return for any prior year, you must                                Sign your return! Both spouses must
               obtain a different form. See page 8,                               sign if married and filing a joint return.
               WHAT FORM DO I USE?
                                                                   DO             Sign your check payable to South
   DO          Include all Social Security numbers                                Carolina Department of Revenue and
               (SSNs) and make sure they are                                      make sure the wording matches the
               correct.                                                           dollar amount.
                                                                  DO              Include SC withholding on SC1040A,
   DO          Make sure your mailing address is                                  line 9 or SC1040, line 16 and/or 20.
               complete and accurate on your return.
                                                                  DON'T           Claim the two wage earner credit
   DO          Mark your filing status. Generally, it                             unless your filing status is married
               should match the filing status marked                              filing jointly.
               on your federal return.
                                                                   DON'T          Claim state withholding                       paid      to
                                                                                  another state.

  Failure to follow these guidelines can slow down processing of your return and delay your refund!
  Your return may be mailed back to you if all requested information is not furnished.

Before you file your return...........
  Make sure you have received ALL of your W-2s and other tax documents.

  You will need to have your correct Social Security number. If you cannot get                                 Form SC1040
                                                                                                                    or
  a Social Security number, you will need to apply for an Individual Taxpayer
                                                                                                                 SC1040A
  Identification Number from the Internal Revenue Service.
                                                                                                        Under FEDERAL FILING STATUS

  Double check all Social Security numbers, your name, address and all of
                                                                                                                 Check
  your math calculations.
                                                                                          5
  Make a copy of your complete return for your records.                                                       Forms W-2
                                                                                        Staple
                                                                                                              and 1099
  See diagram at right for assembling your return.

                                              REMITTANCE (CHECKS)
                                                                         Your Name
                                                                         Your Address                                             20
1. Checks must be made payable to: SC DEPARTMENT OF REVENUE              Any town, State Zip
2. Verify the dollar and written amount of the check.                                               SAMPLE
                                                                                                                            $      2
3. List form number, Social Security number, and tax year.                                1
                                                                         Pay to
                                                                                                                                Dollars
                                                                                                2
4. Complete signature must be provided.
                                                                                          3                             4
5. Return and check must be mailed in the same envelope.                 FOR
                                                                          123456789            123456       1234



                                                           2
ELECTRONIC FILING OPTIONS

         You may qualify to file your Federal and South Carolina income tax returns for
                                                       FREE!
                 Go to our website at www.sctax.org and click on the Free File logo.

                                                                                                             Extensions
                               Freefile
                                                                                                                Only

South Carolina has joined the Free File Alliance and               If more time is needed to file, taxpayers can file a zero or
partnered with software vendors to bring free on-line              balance due extension (Form SC4868) on SCnetFile and
filing for both the Federal and South Carolina state               submit payment by EFW (Electronic Funds Withdrawal)
returns for qualified taxpayers. See the South Carolina            or credit card. SCnetFile only allows an extension of
Department of Revenue’s website www.sctax.org for                  time to file, not an extension of time to pay. SCnetFile
information to determine if you qualify to file your federal       for Extensions is for South Carolina Extensions only.
and South Carolina returns for FREE. Each software                 Please see www.irs.gov for information on filing a federal
vendor has different qualifications. Review all vendor             extension.
qualifications and choose the best option for you.
Information regarding all commercial tax preparation
software offerings (free, reduced, or at full cost) can be                      Electronic Payment Methods
accessed via the agency’s website: www.sctax.org by
clicking on Electronic Services, then Individual, and
                                                                   File your 2008 Individual Income Tax return using one of
finally Fed/State On-Line Filing. BE SURE TO USE
                                                                   the electronic filing methods and pay your balance due
THE SOUTH CAROLINA WEBSITE TO ACCESS
                                                                   by Electronic Funds Withdrawal (EFW). Automatic
YOUR VENDOR TO ENSURE FREE FILING FOR
                                                                   withdrawal from your checking or savings account is
YOUR FEDERAL AND STATE RETURNS.
                                                                   available on the payment date you select. However, you
                                                                   must pay your balance due in full by May 1, 2009 to
                                                                   avoid paying penalties and interest. See Electronic
                                                                   Filing Incentive below. Electronic Funds Withdrawal
                                                                   (EFW) is available for SC1040ES (Declaration of
                     Fed/State On-line Filing
                                                                   Estimated Tax for Individuals) and SC4868 (Extension of
                                                                   Time to File). EFW is a FREE service to taxpayers.
Taxpayers may use commercial tax preparation software
to file federal and state tax returns. Generally, there is a
cost to file the federal and South Carolina returns.
                                                                                        Taxpayers may submit their 2008
                                                                   Individual Income Tax Payment Voucher (SC1040-V)
                                                                   electronically. Taxpayers who file electronically can
                                                                   submit the voucher and payment by going to
                                                                   www.sctax.org and clicking on DORePay. Payment by
                           Fed/State Electronic Filing             credit card (MasterCard or VISA) or EFW (Electronic
                                                                   Funds Withdrawal) will be accepted.
Taxpayers may electronically file federal and state
returns through a tax practitioner. You may find tax
practitioners by checking the Yellow Pages of your
telephone book under the topic Tax Return Preparation
and Filing. Electronic filing begins January 16, 2009 and                         Electronic Filing Incentive
ends October 15, 2009.
                                                                   Taxpayers using any Electronic Filing option have until
Taxpayers interested in finding a tax practitioner in their
                                                                   May 1, 2009 to pay the balance due without penalty or
area that files returns electronically may go to the SC
                                                                   interest. Failure to file and pay the balance due by May
Department of Revenue’s website (www.sctax.org) to
                                                                   1, 2009 will result in penalties and interest from April 15,
initiate a search by zip code. The search by zip code is
                                                                   2009 until the return is filed and the tax is paid. THIS
offered by the IRS and can be found by clicking on
                                                                   INCENTIVE DOES NOT APPLY TO PAPER
Electronic Services, then Individual, then Fed/State
                                                                   RETURNS. This incentive will not extend the time for
Electronic Filing, and finally IRS Listing of Electronic
                                                                   amending your return to claim a refund. If the original
Filing Providers.
                                                                   return is received after April 15, 2009 without a valid
                                                                   extension, you will have until April 15, 2012 to amend
                                                                   your return to claim a refund.

                                                                   NOTE: THIS SPECIAL INCENTIVE APPLIES ONLY
                                                                   TO THE FILING OF YOUR SOUTH CAROLINA
                                                                   INCOME TAX RETURN BY NON-PAPER METHODS.

                                                               3
What's New?
LAW CHANGES
CONFORMITY - South Carolina recognizes the Internal                       VENISON FOR CHARITY CREDIT - Beginning January 1,
Revenue Code as amended through December 31, 2007                         2008, a licensed meat packer, butcher or processing plant
unless otherwise provided.                                                having a valid contract with a nonprofit organization to process
                                                                          deer for donation to a charitable organization that distributes
NEW ADD-BACK                                                              food to the needy may claim an individual or corporate income
                                                                          tax credit of $50 for each carcass processed and donated. The
NO DEDUCTION FOR COMPENSATION PAID TO AN                                  processing must be done in an establishment having a
UNAUTHORIZED ALIEN - Beginning January 1, 2009,                           processing license or permit. The credit is not allowed if any
businesses must add back amounts paid for services                        portion of the donated deer was used by a commercial
performed by an unauthorized alien if the amount is $600 or               enterprise. No carryforward is allowed. The form for claiming
more a year. An “unauthorized alien” is a person who is not               the tax credit is TC-51.
admitted for permanent residence and not authorized to be
employed either under federal law or by the U.S. Attorney                 SPRINKLER SYSTEM CREDIT - For tax years beginning after
General. Add-backs are not required if: (1) the business is a             2007, a local taxing entity may allow a credit against real
S.C. business exempt from compliance with federal                         property taxes equal to 25% of the direct expenses incurred by
employment verification procedures under federal law; or (2)              the taxpayer in installing a fire sprinkler system in a
the person being paid is not directly paid or employed by the             commercial or residential structure, not including any type of
business; or (3) the employment status of the person is verified          fee charged by a publicly or privately owned utility. The credit
using the procedures contained in the new law; or (4) the                 is not allowed if installation of a sprinkler system is required by
person was hired by the taxpayer before January 1, 2009; or               law, regulation or code. For any year that the local taxing entity
(5) the business made a reasonable investigation of the                   allows a sprinkler system property tax credit, an income tax
person and did not know or should not have known that the                 credit of the same amount is also allowed. The owner of the
person was an unauthorized alien.                                         structure may transfer any unused credit to a tenant of the
                                                                          eligible site, but the local taxing entity must receive written
NEW CREDITS                                                               notice of the transfer before the tenant may claim the credit.
                                                                          The form for both the property and income tax credits is
APPRENTICESHIP CREDIT - For employees beginning                           TC-52.
apprenticeships after 2007, a taxpayer who employs a
qualifying apprentice may claim an income tax credit of $1,000            AMENDED CREDITS
for each apprentice employed at least seven full months of the
tax year. The credit may be claimed for four tax years. The               BROWNFIELDS VOLUNTARY CLEANUP CREDIT - A
form for claiming this credit is TC-45.                                   taxpayer may claim a credit against corporate income tax for
                                                                          50% of the costs of voluntary cleanup activity of a single site
HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND                                  by a nonresponsible party under the Brownfields Voluntary
CREDIT - For tax years beginning after 2007 and before 2012,              Cleanup Program. The credit is limited to $50,000 a year, and
a taxpayer may claim a credit against individual or corporate             up to $100,000 may be carried forward five years. For
income tax, bank tax, corporate license fees, and/or insurance            contracts entered into on or after June 11, 2008, the credit
premium tax for making an unconditional contribution to the               may be claimed against individual income tax. The form for
S.C. Hydrogen Infrastructure Development Fund. The credit is              claiming the credit is TC-20.
25% of the qualified contribution with a 10-year carryforward. A
taxpayer who claims this credit may not also claim a deduction            SOLAR ENERGY SYSTEM CREDIT AMENDED - A taxpayer
for the same contribution. The S.C. Research Authority will               may claim an individual or corporate income tax credit for 25%
provide the taxpayer with a form documenting the amount of                of the costs of purchasing and installing a solar energy heating
the qualified contribution. The form for claiming the tax credit is       or cooling system in a facility in South Carolina owned by the
TC-47.                                                                    taxpayer. Until July 1, 2009, the credit is limited to solar energy
                                                                          systems for heating water, space heating, air cooling or the
PLUG-IN HYBRID VEHICLE CREDIT - For tax years                             generation of electricity. Beginning July 1, 2009, the credit will
beginning after 2007 and before 2011, a taxpayer may claim a              include small hydropower systems and systems that produce
credit against individual or corporate tax for an in-state                energy-efficient     daylighting,    heat      reclamation      and
purchase or lease of a plug-in hybrid vehicle. The amount of              energy-efficient demand response. The form for claiming the
credit is $2,000 with a 5-year carryforward. The amount of all            credit is TC-38.
credits claimed for a fiscal year (July 1 through June 30) will be
limited to $200,000, and the limit will apply proportionately             CREDIT FOR REHABILITATING A TEXTILE MILL SITE - The
among all eligible claimants. The form for claiming the tax               Textiles Communities Revitalization Act has been recodified as
credit is TC-48, and the form for applying for the credit is              Chapter 65 of Title 12. Effective June 12, 2008, a taxpayer
TC-48A.                                                                   who rehabilitates a textile mill site may elect to claim either a
                                                                          property tax credit or a credit against individual or corporate
CELLULOSIC ETHANOL OR ALGAE-DERIVED BIODIESEL                             income tax, bank tax and/or corporate license fees. For sites
R&D CREDIT - For tax years beginning after 2007 and before                acquired after December 31, 2007, a taxpayer electing the
2012, a taxpayer may claim a credit against individual or                 credit against income tax, bank tax or license fees must file a
corporate tax for qualified expenditures for research and                 Notice of Intent to Rehabilitate with the department before
development to develop feedstocks and processes for                       incurring any rehabilitation expenses.
                                                                            Otherwise, any expenses incurred before filing the Notice
cellulosic ethanol and for algae-derived biodiesel. The credit is
                                                                          may not be included in calculating the credit. If the actual
25% of qualified expenditures for research and development,
                                                                          rehabilitation expenses are between 80% and 125% of the
limited to $100,000 in all years, with a 5-year carryforward. For
                                                                          expenses estimated in the filed Notice, the credit is 25% of the
qualifying expenses incurred during the period from July 1,
                                                                          actual expenses. If the actual expenses are more than 125%,
2008 through December 31, 2009, taxpayers must submit
                                                                          the credit is 25% of 125% of the estimated expenses. If the
requests for approval to the State Energy Office by January
                                                                          actual expenses are less than 80%, there is no credit.
31, 2010. Thereafter, approval will be done on a calendar year
                                                                             The taxpayer may transfer any unused credit for any part of
basis. The State Energy Office will certify the credit by March
                                                                          the site to the lessee of the site. If the site or any phase or
1. The form for claiming the tax credit is TC-49.
                                                                          portion is sold, the taxpayer may transfer all or part of the
                                                                          unused credit applicable to site, phase or portion sold. The
                                                                          taxpayer must notify the department of any transfer in a
                                                                      4
What's New? (cont.)
manner prescribed by the department.                                       The S.C. College Investment Program (SCCIP or “Future
 A taxpayer that owned the site prior to its abandonment is not          Scholar”) remains open to new enrollment. South Carolina
eligible for the credit. The area of any site acquired after             allows an individual income tax deduction for contributions to
December 31, 2007 is limited to the land located within the              either SCTPP or SCCIP.
boundaries of the textile manufacturing structure. The credit
may be claimed on TC-23.                                                 NEW REGULATIONS STILL NEEDED BEFORE CLAIMING
                                                                         RESIDENTIAL RETROFIT TAX CREDIT - For tax years after
ETHANOL OR BIODIESEL PRODUCTION CREDIT - A                               2006, an individual homeowner may claim a credit for costs
corn-based ethanol or soy-based biodiesel production facility            incurred to retrofit a residence to make it more resistant to loss
may qualify for an income tax credit of 20¢ for each gallon              due to hurricane, rising floodwater, or other catastrophic
produced of corn-based ethanol or soy-based biodiesel, before            windstorm event. The credit is 25% of the cost incurred, but
denaturing. The credit is allowed for 60 months ending no later          not more than $1,000. There is also a credit for South Carolina
than December 31, 2016.                                                  sales or use taxes paid for tangible personal property used in
  An ethanol production facility using a feedstock other than            the residential retrofit. This credit is 6% of the purchase price
corn or a biodiesel production facility using a feedstock other          of the tangible personal property, but not more than $1,500.
than soy oil may qualify for an income tax credit of 30¢ a               Complete TC-43.
gallon produced before denaturing.
  No more than 25 million gallons of ethanol or biodiesel                ELECTRONIC FILING REQUIREMENT - A tax preparer who
produced in a year may qualify. No more than 125 million                 prepares 100 or more returns for a tax period for the same tax
gallons may qualify during the 60-month period. The limit                year must submit all returns by electronic means where
imposed on all taxpayer claims in a year is $800,000. If the             available. Where electronic means are not available, the
annual limit is reached, all credits will apply proportionately          preparer must use 2D barcode if available. The Department
among eligible claimants.                                                recommends that the preparer obtain and maintain with its
  This year’s amendments require taxpayers to apply to the               records a signed statement from any taxpayer who prefers to
State Energy Office by January 31, 2010 for credit certification         file by paper. If compliance imposes a substantial financial
for the period between July 1, 2008 and December 31, 2009                hardship on the preparer, it may apply in writing to the
and each January 31 thereafter for the preceding calendar                department for an exemption not to exceed one year at a time.
year. The annual limit had been based on a fiscal year instead           Failure to comply may result in a $50 penalty for each return.
of a calendar year. There was no carryforward before. Any                For more information, please see our website at
unused credit may be carried forward for 10 years. The credit            www.sctax.org
is extended to facilities qualifying on or before December 31,
2011 (was 2009), and the credit is allowed through tax years
                                                                         REMINDERS
beginning before 2016 (was 2014). The form for claiming
either of these credits is TC-40.
                                                                         PASS-THROUGH ACTIVE TRADE OR BUSINESS INCOME
                                                                         RATE CHANGE - For the tax year beginning in 2008, an
RENEWABLE FUEL FACILITY CREDIT - For facilities placed
                                                                         individual, estate or trust may elect to file an I-335 to have
in service after 2006, a taxpayer that constructs and places in
                                                                         qualifying active trade or business income from a pass-through
service in this State a commercial facility for the production of
                                                                         entity taxed at 5.5% instead of the graduated tax rate for
renewable fuel is allowed a credit of 25% of the cost to the
                                                                         individual income. The rate had been 6.5% in 2006 and will
taxpayer of constructing or renovating a building and
                                                                         continue to decrease by 0.5% per year until it reaches 5% in
equipping the facility for the purpose of producing renewable
                                                                         2009.
fuel. The entire credit must be taken in seven equal annual
installments beginning with the year the facility is placed in
                                                                         SALES-ONLY APPORTIONMENT - Beginning with Tax Year
service. A taxpayer's total credit in all years is limited to
                                                                         2007, manufacturers, sellers, distributors and renters of
$1,000,000. Unused installments may be carried forward for
                                                                         tangible property began moving from 3-factor apportionment
10 years.
                                                                         toward sales only apportionment of income remaining after
  For facilities placed in service after 2006, but not after 2011,
                                                                         allocation. The 3-factor apportionment method uses a property
a taxpayer that purchases or constructs and installs and
                                                                         factor, a payroll factor and a double-weighted sales factor, and
places in service in this State property used for distribution or
                                                                         divides the result by 4. With the change, the taxpayer may use
dispensing renewable fuel at a new or existing commercial fuel
                                                                         the 3-factor result or claim a percentage of the benefit of
distribution or dispensing facility is allowed a credit of 25% of
                                                                         apportionment on the basis of sales alone. The percentage for
the cost to the taxpayer of purchasing, constructing, and
                                                                         Tax Year 2008 is 40%, and will increase by 20% each year
installing the property against the taxpayer's liability for a tax
                                                                         until 3-factor apportionment is eliminated entirely in Tax Year
imposed pursuant to this chapter. The credit must be taken in
                                                                         2011.
three equal annual installments beginning with the year the
property is placed in service. The unused portion of an
                                                                         FORMS CHANGES
unexpired credit may be carried forward for 10 years.
  This year’s amendments repeal a fiscal year limit of $150,000
                                                                         NEW FORMS
imposed on all claims and require all taxpayers to apply to the
                                                                         TC-47 Hydrogen Infrastructure Development Fund Credit
State Energy Office by January 31, 2010 for credit certification
                                                                         TC-48 Plug-in Hybrid Vehicle Credit
for the period between July 1, 2008 and December 31, 2009
                                                                         TC-48A Application for TC-48
and each January 31 thereafter for the preceding calendar
                                                                         TC-49 Cellulosic Ethanol or Algae-derived Biodiesel R&D Credit
year. Also, the credit has been extended to all facilities placed
                                                                         TC-51 Venison for Charity Credit
in service before January 1, 2020. It had been scheduled for
                                                                         TC-52 Sprinkler System Credit
repeal effective for facilities placed in service after 2011. The
form for claiming these credits is TC-41.
                                                                         DISCONTINUED FORMS
                                                                         I-320 Request for Name Change
UPDATES FROM LAST YEAR
                                                                         TC-40A Certification form for TC-40
                                                                         TC-41A Certification form for TC-41
SC TUITION PREPAYMENT PROGRAM REMAINS CLOSED
TO NEW ACCOUNTS - Effective July 1, 2008, the S.C. Tuition
Prepayment Program (SCTPP) continues to not accept new
enrollment. New code sections close the plan to new contracts
without affecting existing participants and limit any tuition
increase for participants to 7% annually. A budget proviso had
done the same thing beginning July 1, 2007.

                                                                     5
What's New? (cont.)
IMPORTANT NOTICE

SC1040ES – In order to protect taxpayers’ private identifying information as set forth in the Financial Identity Fraud and
Identity Theft Protection Act, the department will no longer automatically mail out SC1040ES (Individual Declaration of

Estimated Tax) forms. Make payments electronically by selecting the                 option at www.sctax.org or obtain
the form online at www.sctax.org or by fax or mail by calling 1-800-768-3676 (898-5320 in the Columbia area).




                                        FAX ON DEMAND FORMS ORDERING
                                       1-800-768-3676 or (in Columbia) 898-5320

  The Fax on Demand system allows you to call using either your Fax phone or regular touch tone phone to order
  single copies of forms. Dial the appropriate phone number listed above and follow the menu. If you call from your
  fax phone, the system faxes the forms immediately. If you use a regular touch tone phone, the system will request
  the fax number and will fax the forms after normal hours (11 p.m. - 8 a.m.). You may also request the fax menu
  listing all information available on the Fax on Demand system. This menu will be sent to you immediately whether
  you are using a Fax or touch tone phone. A maximum of six (6) forms may be requested in one call. The system
  will make three (3) attempts to fax the requested forms.

  Document Retrieval numbers may change each year. Order the menu each year for a listing of all forms available
  on the Fax On Demand system. The document retrieval number for the menu is 001.

  Reminder: If you do not have a plain paper fax machine, you must copy the document onto plain paper before
  submitting to the South Carolina Department of Revenue. We will not process returns filed on thermal fax
  paper.

     Frequently Requested Forms                    Document         Frequently Requested Forms          Document
                                                   Retrieval                                            Retrieval
  SC1040 - Individual Income Tax Return              4003        SC1040TT - Tax Tables                    4007
  SC1040I - Individual Income Tax Instructions       4002        SC1040X - Amended Return                 4011
  SC1040A - Short Form                               4005        SC4868 - Request for Extension of Time   4018
  Schedule NR - Nonresident Schedule                 4008        I-319 - Tuition Tax Credit               9009
  SC1040ES - Estimated Tax                           4012        I-330 - Contributions for Check-Offs     9011
  Schedule NRI - Schedule NR Instructions            4009




                                                             6
GENERAL INSTRUCTIONS                                    (Rev. 8/26/08)

  SHOULD I FILE A SOUTH CAROLINA INCOME TAX                          paid on income taxed by South Carolina and another
                                                                     state. You must complete SC1040TC and attach a copy
                      RETURN?
                                                                     of the other state's income tax return.
 Resident taxpayers under age 65:
                                                                     If you elect to file as a nonresident, file SC1040 with
    Were you required to file a federal income tax return
                                                                     Schedule NR. You will be taxed only on income earned
    which included income taxable by South Carolina?
                                                                     while a resident in South Carolina and will prorate your
    (Residents of South Carolina are taxed on their entire
                                                                     deductions and exemptions. All personal service income
    income, regardless of where earned, unless
                                                                     earned in South Carolina must be reported to this state.
    specifically exempted by law.)
                                                                   You may choose the way that is most advantageous to
    Did you have South Carolina income tax withheld                you. This option is only available for the year you are a
    from your wages?                                               part-year resident. You must also attach a copy of
                                                                   your federal return.
 Resident taxpayers age 65 or older:
                                                                      I AM A NONRESIDENT OF SOUTH CAROLINA BUT
    Married Filing Jointly (Both 65 or older) - Is your             WORK IN SOUTH CAROLINA. HOW SHOULD I FILE?
    gross income greater than the federal gross income             File SC1040 with Schedule NR. You will be taxed only on
    filing requirement amount plus $30,000?                        income earned in South Carolina and will prorate your
                                                                   deductions and exemptions. All personal service income
    Any Other Filing Status - Is your gross income                 (wages, consulting, etc.) earned in South Carolina must be
    greater than the federal gross income filing                   reported to this state.
    requirement amount plus $15,000?
                                                                    I AM A FULL-YEAR SOUTH CAROLINA RESIDENT BUT
    Did you have South Carolina income tax withheld                    MY SPOUSE IS NOT. HOW SHOULD WE FILE?
    from your wages?                                               If you file a joint federal return, you must file a joint South
                                                                   Carolina return SC1040 with Schedule NR. The resident
 Nonresidents:                                                     spouse will report to South Carolina all income for the
                                                                   entire year. The spouse who is not a resident on the joint
    Did you have South Carolina income tax withheld
                                                                   return will only report income earned in this state, if any.
    from your wages?
                                                                   If you file separate federal returns, you must file a
    Are you a nonresident or part-year resident with South
                                                                   separate South Carolina return. Your spouse must also
    Carolina whose gross income is greater than the
                                                                   file a separate South Carolina return if he/she has income
    federal personal exemption amount?
                                                                   taxable by South Carolina.
 If you answered YES to any one of the questions
 above, file a South Carolina income tax return.                         I AM IN THE ARMED FORCES. WHAT IS MY
                                                                                    RESIDENCY STATUS?
        AM I A RESIDENT OR A NONRESIDENT?
                                                                   South Carolina Resident: If you enter the armed forces
The following definitions will help you decide:
                                                                   when you are a South Carolina resident, you do not lose
You are a South Carolina resident, even if you live outside
                                                                   your South Carolina residency status, even if you are
South Carolina, when:
                                                                   absent from this state on military orders. You are subject to
  1. Your intention is to maintain South Carolina as your
                                                                   the same residency requirements as any other South
     permanent home, AND
                                                                   Carolina resident and are required to file a South Carolina
                                                                   income tax return.
  2. South Carolina is the center of your financial, social
     and family life; AND
                                                                   Nonresident: If you are not a South Carolina resident but
                                                                   are stationed in this state by military orders, your military
  3. When you are away, South Carolina is the place to
                                                                   income is not subject to South Carolina tax. However, if
     which you intend to return.
                                                                   you have other earned income subject to South Carolina
                                                                   tax, file SC1040 with Schedule NR. South Carolina DOES
You are a nonresident if your permanent home is outside
                                                                   tax other income earned in this state by you or your
South Carolina all year and none of the above applies.
                                                                   spouse.
  WHAT IS MY STATUS IF I MOVED INTO OR OUT OF
    SOUTH CAROLINA DURING THE TAX YEAR?
You are a part-year resident. As a part-year resident, you
may consider yourself a full-year resident or a nonresident.

  If you elect to file as a full-year resident, file SC1040.
  Report all your income as though you were a resident for
  the entire year. You will be allowed a credit for taxes

                                                               7
WHAT FORM DO I USE?                                     When you file your return, check the appropriate box
                                                                         on the front of the SC1040 and attach a copy of your
Use SC1040A (Short Form) if all of the following apply to
                                                                         federal extension or SC4868 to the back of your South
you:
                                                                         Carolina return.
    You are a full-year South Carolina resident.
    Your income is only from wages, interest, ordinary
                                                                     If you expect to owe additional tax by the April 15 due
    dividends or unemployment.
                                                                     date, and you need more time to file your South Carolina
    You either have no adjustments to your federal taxable
                                                                     income tax return:
    income for South Carolina purposes or your only
                                                                         You must pay at least 90 percent of your state tax due
    adjustment is the deduction for dependents under 6
                                                                         to the Department of Revenue on either a copy of the
    years of age.
                                                                         federal Form 4868 marked quot;For South Carolinaquot; or
    Your federal taxable income is $99,999 or less.
                                                                         South Carolina SC4868 by April 15, 2009.
Use SC1040 if any one of the following applies to you:                   Be sure to enter any South Carolina payments paid on
   You itemized your deductions on your federal return.                  an extension request on SC1040, line 18.
   You filed a federal or state extension.
   You paid estimated tax to South Carolina.                         Be sure to attach a copy of the extension to the back of
   You claimed tax credits on SC1040TC or a Tuition Tax              your South Carolina return when you file. Check the
   Credit.                                                           appropriate box on the front of the SC1040.
   You have any of the adjustments to your federal
                                                                          MORE TIME TO FILE DOES NOT MEAN MORE
   taxable income discussed on pages 13 - 19.
                                                                                   TIME TO PAY YOUR TAXES!
   You are a part-year resident who elects to file as a
                                                                     You will owe interest from April 15, 2009 to date of
   resident.
                                                                     payment. A penalty may also be charged after April 15th if
   You and/or your spouse are age 65 or older.
                                                                     an additional payment is required. To avoid the penalty,
   You are claiming a Capital Gains tax deduction.
                                                                     you must: 1) pay at least 90 percent of the tax by April 15,
                                                                     2009, and 2) pay the additional balance, if any, within the
Use SC1040 with Schedule NR if any one of the following
                                                                     extended time period.
applies to you:
    You are a part-year resident electing to file as a
                                                                                      FRAUDULENT RETURN
    nonresident.
                                                                     Any person who deliberately fails to file a return, files a
    You are a nonresident.
                                                                     fraudulent return or attempts to evade the tax in any
   One spouse is a full-year resident, and the other
                                                                     manner may be liable for a penalty up to $10,000 or
    spouse is a nonresident.
                                                                     imprisoned for not more than five years or both.
If you need to file a return for a different tax year, please
do not use a current year tax form. Visit our website                 I AM GETTING AN INCOME TAX REFUND THIS YEAR.
www.sctax.org>Taxes         and      Licenses:      Individual                    WHEN WILL I GET MY CHECK?
Income>Forms> or call 1-800-768-3676, Fax-On-Demand.                 Returns which are filed early are usually processed more
                                                                     quickly than returns filed closer to April 15th. Ordinarily,
          WHEN SHOULD I FILE MY RETURN?
                                                                     within twelve weeks after we receive your complete return
RETURNS FOR CALENDAR YEAR 2008: file on or before                    we will mail your refund check. Therefore, please allow at
April 15, 2009.                                                      least fourteen weeks for your refund to arrive before you
                                                                     contact us. Visit our website at www.sctax.org or call
RETURNS FOR FISCAL YEAR TAX PERIODS: due on or
                                                                     1-803-898-5300.
before the fifteenth (15th) day of the fourth month following
the close of your tax year. Identify the fiscal year period at                         DECEASED TAXPAYERS
the top of the return in the space provided and write
                                                                     If a person received income during this tax year but died
quot;FISCALquot; in large letters across the face of the return.
                                                                     before filing a return, the South Carolina income tax return
                                                                     should be filed by the surviving spouse, executor or
Electronic Filing: See page 3 for May 1, 2009 incentive.
                                                                     administrator. Use the same filing status that was used on
                                                                     the final federal income tax return. Check the appropriate
                NEED MORE TIME TO FILE?
                                                                     box beside the decedent's name. The due date for filing is
If you need more time to file your South Carolina return,
                                                                     the same as for federal purposes. In the area where you
note the following:
                                                                     sign the return write quot;Filing as a surviving spouse,quot; if
    You may file and pay with your extension on-line
                                                                     appropriate. A personal representative filing the return must
    through our website: www.sctax.org
                                                                     sign in his or her official capacity and attach SC1310. Any
    If you will receive a refund of state income taxes,
                                                                     refund check will be issued to the decedent's surviving
    South Carolina will allow you the same length of time
                                                                     spouse or estate.
    that is allowed by your federal extension. If you do not
    have a federal extension, then you must file a SC4868
    by April 15, 2009.



                                                                 8
ROUND OFF CENTS TO THE NEAREST WHOLE                              exceeds the amount owed the claimant agency plus the
                       DOLLAR.                                        administrative fee, the balance will be mailed to you.
You must round off cents to the nearest whole dollar on               If you believe you do not owe the debt, the amount
your return and schedules. You must drop amounts less                 sent was incorrect, or the debt has already been paid,
than 50 cents. Increase amounts of 50 to 99 cents to the              you must contact the claimant agency.
next dollar. For example: $2.15 becomes $2.00; $4.75
becomes $5.00; and $3.50 becomes $4.00.                                    WHO MUST FILE A DECLARATION OF ESTIMATED
                                                                                             TAX?
       WHAT TAX RECORDS DO I NEED TO KEEP?
                                                                      Generally, you must file a Declaration of Estimated Tax,
Keep a copy of your return. Also, keep the original or a
                                                                      SC1040ES, for the year 2009 if you estimate that your tax
copy of any schedules, worksheets or statements used to
                                                                      will be $100 or more and the total amount of income tax
prepare your return. Keep your records that support an item
                                                                      that will be withheld will be less than the lesser of:
of income or a deduction appearing on a tax return until the
limitations period for the return runs out. The limitations
                                                                      1.     90% of the tax to be shown on your 2009 income tax
period is generally THREE YEARS from the date the return
                                                                             return,
was filed or due to be filed, whichever is later.
                                                                             or
Save any records concerning property, home, stocks, and               2.     100% of the tax shown on your 2008 income tax
business property you bought and may sell later. The                         return (if your 2008 return covered all 12 months of
records kept should show the purchase price, date and                        the year). However, if your adjusted gross income is
related cost, and for real property, cost and date of                        $150,000 or more, the 100% rule is modified to be
improvements. Your return may be audited by the IRS or                       110% of the tax shown on your 2008 income tax
the South Carolina Department of Revenue. If audited, the                    return.
law requires you to show proof of your income, expenses,
and cost of assets.
                                                                      Wage earners who do not have enough tax withheld from
                                                                      their wages must file a Declaration of Estimated Tax for the
          WHAT IF I AM AUDITED BY THE IRS?
                                                                      year. You have two methods for paying: 1) increase the
If you receive a refund or owe additional federal tax, file an
                                                                      amount your employer withholds from your wages, or 2)
SC1040X (amended South Carolina return) after the
                                                                      pay estimated tax in addition to the usual amount withheld
federal audit report becomes final.
                                                                      from your wages.
     WHEN SHOULD I FILE AN AMENDED SOUTH
             CAROLINA RETURN?
                                                                      Taxpayers earning personal service income in another
File SC1040X (Amended Return) any time you need to                    state on which tax withholding was due to the other state
correct your South Carolina return. If you amend your                 and was withheld can be relieved of declaration penalty.
federal return, generally you will need to amend your state           Self-employed people who do not have South Carolina
return. You may apply for a refund on either an amended or            tax withheld from their income must file a Declaration of
delinquent return for any tax period which is open under the
                                                                      Estimated Tax for the year. Recipients of taxable
statute of limitations. A refund will not be issued for
                                                                      pension and annuities who do not have at least 90
requests received beyond the limitations period. The
                                                                      percent of their South Carolina income tax liability withheld
limitations period for filing an original return is generally
                                                                      must file a Declaration of Estimated Tax for the year.
three years from the original due date. If you filed the
original return by the original due date or by an extended
due date, the limitations period for filing an amended return          WHO DOES NOT HAVE TO FILE A DECLARATION OF
                                                                                           ESTIMATED TAX?
is three years from the date of filing, three years from the
original due date, or two years from the date of payment,             Farmers and commercial fishermen do not have to file a
whichever is latest. If you filed the original return after the       declaration if at least two thirds of their gross income is
original due date and any extended due date, if applicable,           from farming or fishing, but must file their return and pay all
the limitations period for filing an amended return is three          taxes due generally by March 1. If March 1 falls on a
years from the original due date or two years from the date           weekend, then the due date is the next business day.
of payment, whichever is later.
                                                                                 HOW DO I FILE ESTIMATED TAX?
                    REFUND SETOFFS
                                                                      To file SC1040ES and pay on line by credit card or
The South Carolina Department of Revenue assists other
                                                                      electronic   funds   withdrawal,    see   our website
State agencies, institutions of higher learning, political
                                                                      (www.sctax.org). Forms can also be printed from our
subdivisions of the state, and the Internal Revenue Service
                                                                      website to use when mailing your payment.
in the collection of overdue accounts. All or part of your
refund can be sent directly to these quot;claimantquot; agencies if
                                                                                 CHANGE NAME OR ADDRESS
they notify the Department that you have a past due
                                                                      Let us know your new name and/or address. Complete
account with them.
                                                                      SC8822, which is available inside the booklet and on our
The South Carolina Department of Revenue charges the                  website www.sctax.org
taxpayer a $25.00 administrative fee to complete a refund
quot;setoff.quot; If any of your refund is sent to a claimant agency,
the Department will notify you in writing. If your refund

                                                                  9
SC1040 INSTRUCTIONS 2008                                           (Rev. 8/15/08)

                     For tax year 2008, unless you have a valid extension, the due date is April 15, 2009 and the deadline to claim a refund
                     is April 15, 2012.
        Tip
                     COMPLETE YOUR FEDERAL RETURN BEFORE YOU BEGIN YOUR SOUTH CAROLINA TAX RETURN. YOUR
                     COMPLETED FEDERAL RETURN WILL CONTAIN INFORMATION WHICH YOU MUST ENTER ON THE SOUTH
                     CAROLINA RETURN.
Complete your
federal return       If you were required to use federal schedules C, D, E and/or F with your federal return or filed a Schedule NR,
first!               SC1040TC, I-319 and/or I-335 with your South Carolina return, attach a copy of your completed federal return and
                     schedule(s) to your South Carolina return.
                                                  NAME, ADDRESS AND SOCIAL SECURITY NUMBER
        Tip          Print or type your name, address, Social Security number and the code of the county in which you live. For a list of
                     county codes see page 29.

                     If you are married and filing a joint return, fill in your spouse's name and your spouse's Social Security number.
Make sure your
                     If you are married and filing separate returns, do not include your spouse's name or Social Security number in
mailing address
                     this section. Fill in your spouse's Social Security number next to box # 3 in the filing status section.
is complete and
correct.
                     If the taxpayer or spouse died during the taxable year, check the box by the decedent's name.
                     In compliance with the Federal Privacy Act of 1974, Public Law 93-579, the disclosure of the individual's Social
                     Security number on this form is mandatory. 42 U.S.C. 405(c)(2)(C)(I) allows a State (or a political subdivision hereof)
                     to utilize an individual's Social Security number in connection with the administration of any tax and SC regulation
                     117-201 provides that any person required to make a return, statement or document to the Department of Revenue
                     must include identifying numbers on such return, statement or document if the Department requests such information.
                     Social Security numbers are primarily used for the purposes of identifying taxpayers and monitoring tax compliance
                     and/or fraud.
                     ITIN - INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER
                     If you are a nonresident or resident alien and cannot get a Social Security number, you may contact the Internal
                     Revenue Service to apply for and obtain an Individual Taxpayer Identification Number (ITIN) for the purpose of filing
                     income tax returns. South Carolina will accept this number in place of a Social Security number for the purposes of
                     processing your individual income tax returns. For information on obtaining an ITIN, please contact the Internal
                     Revenue Service at 1-800-829-1040 or go to www.IRS.gov
                                                                           CHECK BOXES
                     Nonresidents for the entire year and part year residents electing to file as a nonresident should check this box and
                     attach Schedule NR to the completed SC1040. Do not submit the Schedule NR separately.

                     If you filed a federal or state extension, check the box.

                     If you are filing a composite return for a partnership or S corporation, check the box. Use the company name and the
                     company's federal identification number. You need not use quot;Composite return forquot; or quot;Shareholders ofquot; in the name
                     section.

                     FILING STATUS
      Tip            Check the same filing status you checked on your federal return. Check only one box.

                     EXEMPTIONS
                     You must enter the same number of exemptions claimed on your federal return. Attach federal Form 8332 if you are
                     required to file this form with your federal return.
It is important to
mark your filing
                     NOTE: If you are filing a composite return for a partnership or S Corporation, mark single filing status and one
status and
                     exemption.
exemptions to
avoid delays in
                     If you are claiming a deduction for children under six, you must enter in the space provided the number of children
processing your
return!              under six. Also, be sure to complete the information required on line 52.

                     Enter the number of taxpayers who are age 65 or older.




                                                                      10
Instructions - South Carolina Form SC1040
                     ROUND-OFF ALL AMOUNTS TO THE NEAREST WHOLE DOLLAR.
      Tip            Line 1 Enter your Federal Taxable Income from your federal Form 1040, line 43; 1040A, line 27; or 1040EZ, line 6. If
                     your Federal Taxable Income is zero or less, enter zero here and enter your negative amount on line 50.
                     STOP! Nonresident/Part Year filers complete Schedule NR and go to line 5. See Schedule NR instructions.
                     Line 2 Resident filers complete lines 32 - 37 and enter figure from line 37.
Lines 1 and 5
should not be
                     Line 4 Resident filers complete lines 38 - 54 and enter figure from line 54.
blank. Refer to
instructions for
                                                                   SOUTH CAROLINA TAX
these lines.
                     Line 6 TAX
                     If your quot;income subject to taxquot; on line 5 is less than $100,000, use the tax tables on pages 30 through 33 to determine
                     your South Carolina tax and enter the amount of tax on line 6.
                     If your quot;income subject to taxquot; on line 5 is $100,000 or more, use tax rate schedule on page 33 to compute your tax
                     and enter the amount of tax on line 6.
                     Line 7 TAX ON LUMP SUM DISTRIBUTION
      Tip            South Carolina provisions for lump sum distributions are the same as the federal provisions. If you used federal Form
                     4972 for a lump sum distribution, you must use the South Carolina SC4972 to compute the South Carolina tax.
                     Line 8 TAX ON ACTIVE TRADE OR BUSINESS INCOME
                     Enter the amount from I-335, line 7.
Do Not enter the
                     Line 9 TAX ON EXCESS WITHDRAWALS FROM CATASTROPHE SAVINGS ACCOUNTS
federal 10%
                     Withdrawals from a Catastrophe Savings Account are taxed at 2.5% unless:
penalty on line 7.
                     (1) the taxpayer no longer owns a qualified legal residence in South Carolina;
                     (2) the amount contributed was within the allowable limits, and the withdrawal occurred after the taxpayer reached age
                     70; or
                     (3) the withdrawal followed the death of the individual who set up the Account or his surviving spouse.
                                                                            CREDITS
                     Line 11 CHILD AND DEPENDENT CARE
                     The South Carolina Credit for Child and Dependent Care expense is 7% of the federal expense for a full year resident.
                     A part year/nonresident is allowed 7% of their prorated federal expenses. See examples below. Married filing
                     separately cannot claim this credit. The maximum credit allowed for one child is $210. The maximum credit for two
                     or more children is $420.
                         Example A: Full Year Resident (In this example, the allowable credit is $140.)
                                       Federal Child Care Expense from Form 2441, line 6 or 1040A, Schedule 2, line 6 is $2,000
                                       $2000 x .07 = $140
                         Example B: Part Year/Nonresident (In this example, the allowable credit is $42.)
                                       Federal Child Care Expense from Form 2441, line 6 or 1040A, Schedule 2, line 6 is $2,000 and
                                       your proration percent from line 44 of SC Schedule NR is 30%. Your computation should be:
                                       $2000 x .30 = $600 x .07 = $42
                         You may not claim this credit if you are a resident of a state which does not offer a credit for child and
                         dependent care expenses to a South Carolina resident.
     Tip             Line 12 TWO WAGE EARNER CREDIT (MARRIED COUPLE)
                     This credit can only be claimed by a married couple filing jointly when both spouses have earned income taxed to
                     South Carolina. This credit is not allowed on returns with a filing status of single, married filing separately or head of
                     household. Do not include gambling or bingo winnings reported on federal form W-2G.

                     Example - You earned a salary taxed to South Carolina of $20,000. Your spouse earned $17,000 taxed to South
The two wage         Carolina and had an IRA deduction taxed to South Carolina of $1,000. Your SC qualified earned income is $20,000
earner credit        and your spouse's is $16,000 ($17,000 minus $1,000). Because your spouse's qualified earned income is less than
cannot be            yours, the credit is based on your spouse's income. Therefore, the credit is $112 ($16,000 x .007).
claimed on
returns with a       Compute your earned income separately for yourself and your spouse. South Carolina earned income is generally
filing status of     income you receive for services you provide. It includes wages, salaries, tips, commissions and sub-pay. It also
single, married      includes income earned from self-employment, business income or loss, partnership income or loss, farm income or
filing separately    loss and any other earned income taxed to South Carolina. Earned income does not include gambling or bingo
or head of           winnings, interest, dividends, Social Security benefits, IRA distribution, unemployment compensation, deferred
household.           compensation or non-taxable income. It also does not include any amount your spouse paid you.
                                                                                                  (a) You            (b) Your Spouse
                     1. Wages, salaries, tips, etc., taxed to South Carolina from South
                        Carolina Schedule NR, Column B, line 1; federal Form 1040, line 7;
                        1040A, line 7 or 1040EZ, line 1. (Do not include pensions or annuities.)
                     2. Net profit or (loss) from self-employment (from Schedule C and on
                        Schedule K-1 of Form 1065) and any other earned income taxed to
                        South Carolina.
                                                                    11
Instructions - South Carolina Form SC1040
                                                                                                        (a) You               (b) Your Spouse
                    3. Add lines 1 and 2. This is your total earned income taxed to SC.

                    South Carolina qualified earned income. This is the amount on which the credit is based. Compute it by
                    subtracting certain adjustments from South Carolina earned income. The adjustments are:
                      One half of self-employment tax (Form 1040, line 27)
                      Self-employed SEP, simple, and qualified plans (Form 1040, line 28)
                      Self-employed health insurance deduction (Form 1040, line 29)
                      IRA deduction (Form 1040, line 32 or 1040A, line 17)
                      Repayment of sub-pay
                    4. Add amounts entered on federal Form 1040 lines 27 through 29 and 32.                (a) You             (b) Your Spouse
                       If filing South Carolina Schedule NR, enter amounts from lines 21, 22,
                       23, 26 and any repayment of supplemental unemployment benefits
                       (sub-pay) allocable to South Carolina income.
                    5. Subtract line 4 from line 3. This is your qualified earned income taxed to
                       South Carolina. If the amount in column (a) or (b) is zero (-0-) or less,
                       stop here. You may not take this credit.
                    Compute the credit.
                    6. Enter the smaller of 5(a) or 5(b). Do not enter more than $30,000.

                    7. Multiply the amount on line 6 by .007. Do not enter more than $210.
                       Enter the amount here and on SC1040, line 12.

                    Line 13 OTHER NON-REFUNDABLE CREDITS
                    See SC1040TC instructions for an explanation of the other non-refundable credits. The appropriate schedules must
                    be attached to your return.
                                                                  TAX PAYMENTS/CREDITS
                    Line 16 SC INCOME TAX WITHHELD FROM WAGES
     Tip            Enter the total SC tax withheld from your wages as shown on your W-2s under quot;State Income Tax.quot; Enter only
                    amounts withheld to South Carolina. Withholding paid to any other state cannot be claimed on your South Carolina
                    return. Also include amounts withheld on SC41s.
                    If you have South Carolina withholding from any federal Form 1099, include that amount on line 20.
Attach all W-2s,
                    NOTE: Amounts reported on a South Carolina substitute 1099G/INT are not South Carolina withholding.
1099s and/or
SC41s!
                    Attach READABLE copies of your W-2s to the front of your return, right side up, at the place provided. Copies of
Credit for
                    your W-2s are available only from your employer. If you do not have a W-2 form, complete SC4852 and provide
withholding can
                    proof of any tax withheld. You are responsible for submitting information to verify the withholding amount claimed.
be allowed only
if all supporting
                    Line 17 2008 ESTIMATED TAX PAYMENTS
documents are
                    Enter the total estimated tax payments you made before filing this South Carolina tax return plus any amount
provided. You
can only claim      transferred from your 2007 tax return.
withholding from
the state of        Line 18 PAYMENTS ON EXTENSION
South Carolina.
                    If you requested an extension for more time to file your return, enter the amount you paid with the extension, if any.
                    Check the appropriate box on the front of the return below the address portion.

                    Line 19 NONRESIDENT SALE OF REAL ESTATE
                    A nonresident of South Carolina who sells real property located in this state is subject to withholding of South Carolina
                    income taxes. Such sale must be reported to South Carolina on an individual income tax return. If state income taxes
                    were withheld at the time of sale, claim the amount withheld on this line and attach a copy of the I-290 to your return.
                    See closing attorney for a copy of I-290.

                    Line 20 SC INCOME TAX WITHHELD - FORM 1099
                    Enter the total SC tax withheld from each Form 1099 and attach a copy of each Form 1099 to the front of your return.
                    Form W-2 withholding should be entered on line 16.
                    NOTE: Amounts reported on a South Carolina substitute 1099 G/INT are not South Carolina withholding.

                    Line 21 TUITION TAX CREDIT
                    Refer to I-319 to see if you qualify to claim this credit. If you qualify, complete all information on I-319 and attach it to
                    your return. If you have more than one qualifying student, complete a separate I-319 for each student. For more
                    information, visit our website: www.sctax.org
                    This credit can only be claimed on SC1040. Attach a copy of your federal return.

                    Line 22 OTHER REFUNDABLE CREDITS
                    Enter amounts from I-333 refundable credit for anhydrous ammonia additive and I-334 refundable credit for production
                    and sale of milk. Attach I-333 and/or I-334.

                                                                     12
Instructions - South Carolina Form SC1040

                  Line 26 SOUTH CAROLINA USE TAX
                  If your use tax has not been remitted during the year, see South Carolina Use Tax Worksheet UT-3W for instructions.
                  Add the amounts from Line 5 of UT-3W worksheet. Purchases subject to use tax are taxed at your county's state and
                  local sales and use tax rate.

                  Line 27 ESTIMATED TAX
                  If you want to apply any or all of your overpayment toward next year's tax, enter the amount on this line.

                  Line 28 CONTRIBUTION FOR CHECK-OFFS
                  See I-330 for specific information about the various funds to which you may contribute. Enter the total from Schedule
                  I-330. Attach I-330 to your return. Your contribution cannot be made unless you attach I-330.
                                                           REFUND OR AMOUNT YOU OWE
                  Line 30 REFUND
                  If line 29 is larger than line 24, go to line 31. Otherwise, subtract line 29 from line 24 and enter the quot;Amount to be
     Tip
                  Refunded to Youquot; on line 30. The SC Department of Revenue will not refund amounts less than $1.00.

                  Line 31 NET DUE - AMOUNT YOU OWE
                  If you have an amount on line 29, add lines 25 and 29 and enter the quot;Amount You Owequot; on line 31; otherwise, enter
                  the amount from line 25. Write your Social Security Number and quot;2008 SC1040quot; on your check or money order, and
See quot;Common
Errorsquot; on page   STAPLE to your return. Make check or money order payable to the quot;SC Department of Revenue.quot; Note the SC2210
2 for reasons     penalty instructions below.
your refund may
be delayed.       UNDERPAYMENT OF ESTIMATED TAX - SC2210
                  You may owe a penalty for underpayment if you did not pay in four equal amounts by the required due dates at least
                  the smaller of: 90% of your tax liability for 2008; or 100% of your tax liability for 2007.

                  However, if your adjusted gross income is $150,000 or more, the 100% rule is modified to be 110% of the tax shown
                  on your 2007 income tax return. Use SC2210 to determine any penalty that may be due. If you are due a refund,
                  subtract the penalty amount from the difference of line 24 and line 29 and enter the result on line 30. If you owe tax,
                  add the penalty amount to the sum of the amount due on line 25 and line 29 and enter the result on line 31.

                  If you have calculated failure to file/pay penalties and interest, add to any calculated underestimation penalty and
                  enter the total in the penalty box on line 31.

                                                    ADDITIONS TO FEDERAL TAXABLE INCOME
                  Enter all numbers on lines 32 through 36 as positive numbers even if they are negative numbers on the federal
                  return. Lines 32 through 36 are adjustments which must be added to your federal taxable income to determine your
                  South Carolina taxable income. Line 37 is the total of these additions.

                  Line 32 STATE TAX ADDBACK, IF ITEMIZING ON FEDERAL RETURN
     Tip          If you deducted state and local income taxes or general sales taxes while itemizing on your 2008 federal income tax
                  return, you are required to add all or part of this amount to federal taxable income to arrive at your South Carolina
                  taxable income. Use the worksheet below to figure the adjustment. (Keep this worksheet for your records.)

                            Worksheet A State Tax Adjustment
Your state tax
addback cannot
                            1. Itemized deductions from 2008 federal Form 1040, line 40.                       1.
be less than
zero.
                            2. Enter allowable federal standard deduction you would have been
                               allowed if you had not itemized. (Enter zero if married filing
                               separate [MFS] returns -- See federal instructions)                            2.

                            3. Subtract line 2 from line 1. (Enter zero if line 2 is greater than line 1.)    3.

                            4. Enter the amount of state and local income taxes from line 5a or general
                               sales taxes from line 5b of federal Schedule A.
                               If your federal itemized deductions were limited due to your adjusted gross
                               income being more than $159,950 ($79,975 married filing separate), go
                               to Worksheet B.                                                             4.
                            5. The lesser of line 3 or line 4. Enter this amount on SC1040 line 32.           5.




                                                                   13
Instructions - South Carolina Form SC1040
                               Worksheet B State Tax Adjustment. Complete when federal adjusted gross income is more than
                               $159,950 ($79,975 married filing separate) and federal itemized deductions are limited:
                               1. State and local income taxes from line 5a or general sales taxes
                                                                                                               1.
                                  from line 5b of federal Schedule A.
                               2. Enter the amount from line 3 of the itemized deductions worksheet
                                                                                                               2.
                                  in the instruction booklet for federal Form 1040.
                               3. Divide line 1 by line 2, and enter the result here.                          3.
                               4. Enter the amount from line 11 of the itemized deductions worksheet
                                                                                                               4.
                                  in the instruction booklet for federal Form 1040.
                               5. Multiply line 3 by line 4, and enter the result here.                        5.

                                                                                                               6.
                               6. Subtract line 5 from line 1. Enter this amount on line 4 of Worksheet A.

                     Line 33 OUT-OF-STATE LOSSES
                     If you have reported losses from out-of-state rental property, a business located outside South Carolina, or losses from
                     real property located out of state, enter the amount shown on your federal return on line 33. You must also include any
                     related expenses, such as investment interest. Enter the total of these losses and related expenses on this line.
                     Personal service income (W-2 or business wages) is taxable to South Carolina no matter where it is earned.

                     Line 34 EXPENSES RELATED TO RESERVE INCOME
                     Because inactive duty military reserve income is taxed for federal purposes but deductible on your South Carolina
                     return, you must add back the amount of the federal deduction for expenses related to this income. Enter the amount
                     of these expenses on this line.
                     Line 35 INTEREST INCOME
                     Interest income on obligations of states and political subdivisions other than South Carolina must be added. In the
                     case of a mutual fund, add back the percentage of exempt interest income attributable to out-of-state non federal
                     obligations. Enter the amount of taxable interest income on this line.
                     Line 36 OTHER ADDITIONS TO INCOME
                     Attach an explanation of your entry for this line. Some examples of items which you must enter on this line are:
                        Taxpayers that claim bonus depreciation under federal law must add back the difference between the bonus
       Tip              depreciation taken and the depreciation which would have been allowed without bonus depreciation.
                        Taxpayers that claim a child care program credit for donations to a nonprofit corporation (Sch. TC-9) are not
                        allowed a deduction for those donations. The disallowed deductions are an addition to federal taxable income.
                        Taxpayers that claim a credit for wages paid to employees terminated due to a base closure (Sch. TC-10) must
For further
                        reduce the deduction for wages paid by the amount of the credit. The amount of this credit is an addition to federal
information
                        taxable income.
about additions
to federal              Federal net operating loss when claiming a larger amount than for state purposes is an addition.
taxable income
visit our website:      Expenses deducted on the federal return related to any income exempt or not taxed by South Carolina is an
www.sctax.org           addition. Some examples are investment interest to out-of-state partnerships and interest paid to purchase
                        United States obligations.
                        Foreign areas allowances, cost of living allowances and/or income from possessions of the United States are
                        additions to federal taxable income.
                        Effective for qualifying investments made after June 30, 1998, taxpayers must reduce the basis of the qualifying
                        property to the extent the Economic Impact Zone Investment Tax Credit is claimed. An addition to federal taxable
                        income must be made for the resulting reduction in depreciation.
                        A deduction for domestic production activities under IRC Section 199 must be added back.
                        A charitable contribution deduction under IRC Section 170 for a gift of land must be added back unless the
                        contribution also meets the requirements of S.C. Code Section 12-6-5590.
                        Include any withdrawals during the tax year from a Catastrophe Savings Account that were:
                        (1) necessary because contributions were more than the allowable limits; or
                        (2) more than the amount needed to cover qualified catastrophe expenses. (Qualified catastrophe expenses
                        are expenses paid or incurred because of a major disaster as declared by the Governor.)
                        Do not include any withdrawals made by a spouse surviving the spouse who set up the Account.

                        As of January 1, 2009, a business must add back any amount paid for services performed by an unauthorized alien
                        if the amount is $600 or more a year. An “unauthorized alien” is a person who is not admitted for permanent
                        residence and not authorized to be employed either under federal law or by the U.S. Attorney General. An
                        add-back is not required if: (1) the business is a S.C. business exempt from compliance with federal employment
                        verification procedures under federal law; or (2) the person being paid is not directly paid or employed by the

                                                                     14
Individual Income Tax Book
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Individual Income Tax Book

  • 1. SOUTH CAROLINA Department of Revenue Forms and Instructions www.sctax.org 2008 Individual Income Tax Filing Electronically adds up to faster refunds . . . Electronic Filing Advantages Electronic Fewer errors Filing Direct deposit of a refund is available ONLY to Electronic Filers State return incentive - file early and pay by May 1st Pay balance due via Electronic Funds Withdrawal Free File You may qualify to electronically file your federal and South Carolina return for FREE. Go to the SC DOR website at www.sctax.org to see if you qualify. Fed/State On-Line Filing Link to tax preparation software at www.sctax.org Fed/State Electronic Filing Search for tax preparers by zip code at www.sctax.org SCnetFile - Extensions ONLY File zero or balance due extension (SC4868) Access SCnetFile for Extensions at www.sctax.org Pay balance due by credit card or EFW IMPORTANT: The Individual Income Tax Booklet no longer contains the SC1040A South Carolina Short Form. If necessary, taxpayers may obtain the SC1040A from our website under the Current Year Forms heading or by calling Forms/Fax-On-Demand at 1-800-768-3676. Check our website (www.sctax.org) for the latest version of current year forms. Information/Website ................................................................ www.sctax.org Information/Columbia .............................................................. (803) 898-5709 Refund Status/Columbia ......................................................... (803) 898-5300 Forms/Fax-On-Demand/Columbia .......................................... (803) 898-5320 Forms/Fax-On-Demand/Toll Free ........................................... 1-800-768-3676 Suggestions for Forms......................................suggestions4forms@sctax.org (Rev. 10/7/08)
  • 2.
  • 3. TABLE OF CONTENTS SUBJECT PAGE SUBJECT PAGE Income Tax Withholding AARP Tax-Aide Program ................................................. 26 Accommodations Tax ................................Inside Back Cover SC1040.................................................................... 12 Address Change/Moving .................................................. 9 Internet Filing ............................................................... 3 Age 65 and older Deduction Residency .................................................................... 7 SC1040 ........................................................................ 17 Retirement Income Deduction Schedule NR ................................................................ 23 SC1040 ................................................................... 16 Amended Return Information ............................................ 9 Schedule NR ........................................................... 22 Automated Refund Information ......................................... 27 Rounding Off to Whole Dollars ..................................... 9 Bonus Depreciation ........................................................... 14 SC1040: Instructions ................................................... 10 Child and Dependent Care Expenses - Credit for Additions to Income ..................................... 13 SC1040 ........................................................................ 11 Subtractions from Income ............................ 15 Common Errors.................................................................. 2 Schedule NR (Nonresident Schedule) Instructions ....... 20 Compliance and Recovery................................................. 26 Social Security Benefits Composite Returns .......................................................... 25 SC1040 ................................................................... 16 Contribution Check-offs Schedule NR ........................................................... 21 SC1040 ........................................................................ 13 Tax Rate Schedule ....................................................... 33 Copies of Tax Returns ...................................................... 26 Tax Table ............................................................... 30 - 33 County Codes ................................................................... 29 Taxpayers' Bill of Rights ............................................... 29 Credits Against Tax Taxpayer Service Centers ........................ Back of Booklet SC1040 ........................................................................ 11 Taxpayer Services ........................................................ 26 Deceased Taxpayers ........................................................ 8 Tuition Tax Credit Estimated Tax ................................................................... 9 SC1040 .................................................................... 12 Fax-On-Demand Forms Ordering ..................................... 6 Use Tax Family Privacy Protection Act .................. Inside Back Cover SC1040 .................................................................... 13 Filing Options .................................................................... 3 What's New ................................................................. 4 Filing Status When to File ................................................................. 8 SC1040 ........................................................................ 10 Which Form to File ....................................................... 8 General Instructions .......................................................... 7 Income Tax Assistance ..................................................... 26 SC1040, Schedule NR, SC1040TC, I-319, I-330, UT-3W/UT-3, SC4868, and SC8822 are located in the center of the booklet. www.sctax.org Look what's on our website! Individual Income Tax Frequently Asked Questions (FAQ's). Electronic Filing options. Get your refund faster! See page 3. Fast Facts. Get updates on current processing times, yearly statistics and more. Check the status of your current year refund. You will need a copy of your return, your social security number and your expected refund amount. See page 27. File an SC4868 Request for Extension of Time to File your Return! File a zero or balance due extension. Pay by credit card (MasterCard or VISA) or Electronic Funds Withdrawal. Make your estimated tax payments (SC1040ES) by credit card (MasterCard or VISA) or Electronic Funds Withdrawal. If you file your return electronically, you can make this year's individual income tax (SC1040-V) payment by credit card (MasterCard or Visa) or Electronic Funds Withdrawal. Download forms for back year returns. Register your business. Go to www.SCBOS.com, The Business One Stop for SC. 1
  • 4. Common Errors that Delay Refunds ....and How to Avoid Them! It is important to follow these guidelines to avoid delays in processing your return! DO DO Use an Electronic Filing option. See If you complete Schedule NR, attach page 3 for more information. it to your SC1040 and make sure you mark the NR box. DO Use the proper form. If you are filing a DO return for any prior year, you must Sign your return! Both spouses must obtain a different form. See page 8, sign if married and filing a joint return. WHAT FORM DO I USE? DO Sign your check payable to South DO Include all Social Security numbers Carolina Department of Revenue and (SSNs) and make sure they are make sure the wording matches the correct. dollar amount. DO Include SC withholding on SC1040A, DO Make sure your mailing address is line 9 or SC1040, line 16 and/or 20. complete and accurate on your return. DON'T Claim the two wage earner credit DO Mark your filing status. Generally, it unless your filing status is married should match the filing status marked filing jointly. on your federal return. DON'T Claim state withholding paid to another state. Failure to follow these guidelines can slow down processing of your return and delay your refund! Your return may be mailed back to you if all requested information is not furnished. Before you file your return........... Make sure you have received ALL of your W-2s and other tax documents. You will need to have your correct Social Security number. If you cannot get Form SC1040 or a Social Security number, you will need to apply for an Individual Taxpayer SC1040A Identification Number from the Internal Revenue Service. Under FEDERAL FILING STATUS Double check all Social Security numbers, your name, address and all of Check your math calculations. 5 Make a copy of your complete return for your records. Forms W-2 Staple and 1099 See diagram at right for assembling your return. REMITTANCE (CHECKS) Your Name Your Address 20 1. Checks must be made payable to: SC DEPARTMENT OF REVENUE Any town, State Zip 2. Verify the dollar and written amount of the check. SAMPLE $ 2 3. List form number, Social Security number, and tax year. 1 Pay to Dollars 2 4. Complete signature must be provided. 3 4 5. Return and check must be mailed in the same envelope. FOR 123456789 123456 1234 2
  • 5. ELECTRONIC FILING OPTIONS You may qualify to file your Federal and South Carolina income tax returns for FREE! Go to our website at www.sctax.org and click on the Free File logo. Extensions Freefile Only South Carolina has joined the Free File Alliance and If more time is needed to file, taxpayers can file a zero or partnered with software vendors to bring free on-line balance due extension (Form SC4868) on SCnetFile and filing for both the Federal and South Carolina state submit payment by EFW (Electronic Funds Withdrawal) returns for qualified taxpayers. See the South Carolina or credit card. SCnetFile only allows an extension of Department of Revenue’s website www.sctax.org for time to file, not an extension of time to pay. SCnetFile information to determine if you qualify to file your federal for Extensions is for South Carolina Extensions only. and South Carolina returns for FREE. Each software Please see www.irs.gov for information on filing a federal vendor has different qualifications. Review all vendor extension. qualifications and choose the best option for you. Information regarding all commercial tax preparation software offerings (free, reduced, or at full cost) can be Electronic Payment Methods accessed via the agency’s website: www.sctax.org by clicking on Electronic Services, then Individual, and File your 2008 Individual Income Tax return using one of finally Fed/State On-Line Filing. BE SURE TO USE the electronic filing methods and pay your balance due THE SOUTH CAROLINA WEBSITE TO ACCESS by Electronic Funds Withdrawal (EFW). Automatic YOUR VENDOR TO ENSURE FREE FILING FOR withdrawal from your checking or savings account is YOUR FEDERAL AND STATE RETURNS. available on the payment date you select. However, you must pay your balance due in full by May 1, 2009 to avoid paying penalties and interest. See Electronic Filing Incentive below. Electronic Funds Withdrawal (EFW) is available for SC1040ES (Declaration of Fed/State On-line Filing Estimated Tax for Individuals) and SC4868 (Extension of Time to File). EFW is a FREE service to taxpayers. Taxpayers may use commercial tax preparation software to file federal and state tax returns. Generally, there is a cost to file the federal and South Carolina returns. Taxpayers may submit their 2008 Individual Income Tax Payment Voucher (SC1040-V) electronically. Taxpayers who file electronically can submit the voucher and payment by going to www.sctax.org and clicking on DORePay. Payment by Fed/State Electronic Filing credit card (MasterCard or VISA) or EFW (Electronic Funds Withdrawal) will be accepted. Taxpayers may electronically file federal and state returns through a tax practitioner. You may find tax practitioners by checking the Yellow Pages of your telephone book under the topic Tax Return Preparation and Filing. Electronic filing begins January 16, 2009 and Electronic Filing Incentive ends October 15, 2009. Taxpayers using any Electronic Filing option have until Taxpayers interested in finding a tax practitioner in their May 1, 2009 to pay the balance due without penalty or area that files returns electronically may go to the SC interest. Failure to file and pay the balance due by May Department of Revenue’s website (www.sctax.org) to 1, 2009 will result in penalties and interest from April 15, initiate a search by zip code. The search by zip code is 2009 until the return is filed and the tax is paid. THIS offered by the IRS and can be found by clicking on INCENTIVE DOES NOT APPLY TO PAPER Electronic Services, then Individual, then Fed/State RETURNS. This incentive will not extend the time for Electronic Filing, and finally IRS Listing of Electronic amending your return to claim a refund. If the original Filing Providers. return is received after April 15, 2009 without a valid extension, you will have until April 15, 2012 to amend your return to claim a refund. NOTE: THIS SPECIAL INCENTIVE APPLIES ONLY TO THE FILING OF YOUR SOUTH CAROLINA INCOME TAX RETURN BY NON-PAPER METHODS. 3
  • 6. What's New? LAW CHANGES CONFORMITY - South Carolina recognizes the Internal VENISON FOR CHARITY CREDIT - Beginning January 1, Revenue Code as amended through December 31, 2007 2008, a licensed meat packer, butcher or processing plant unless otherwise provided. having a valid contract with a nonprofit organization to process deer for donation to a charitable organization that distributes NEW ADD-BACK food to the needy may claim an individual or corporate income tax credit of $50 for each carcass processed and donated. The NO DEDUCTION FOR COMPENSATION PAID TO AN processing must be done in an establishment having a UNAUTHORIZED ALIEN - Beginning January 1, 2009, processing license or permit. The credit is not allowed if any businesses must add back amounts paid for services portion of the donated deer was used by a commercial performed by an unauthorized alien if the amount is $600 or enterprise. No carryforward is allowed. The form for claiming more a year. An “unauthorized alien” is a person who is not the tax credit is TC-51. admitted for permanent residence and not authorized to be employed either under federal law or by the U.S. Attorney SPRINKLER SYSTEM CREDIT - For tax years beginning after General. Add-backs are not required if: (1) the business is a 2007, a local taxing entity may allow a credit against real S.C. business exempt from compliance with federal property taxes equal to 25% of the direct expenses incurred by employment verification procedures under federal law; or (2) the taxpayer in installing a fire sprinkler system in a the person being paid is not directly paid or employed by the commercial or residential structure, not including any type of business; or (3) the employment status of the person is verified fee charged by a publicly or privately owned utility. The credit using the procedures contained in the new law; or (4) the is not allowed if installation of a sprinkler system is required by person was hired by the taxpayer before January 1, 2009; or law, regulation or code. For any year that the local taxing entity (5) the business made a reasonable investigation of the allows a sprinkler system property tax credit, an income tax person and did not know or should not have known that the credit of the same amount is also allowed. The owner of the person was an unauthorized alien. structure may transfer any unused credit to a tenant of the eligible site, but the local taxing entity must receive written NEW CREDITS notice of the transfer before the tenant may claim the credit. The form for both the property and income tax credits is APPRENTICESHIP CREDIT - For employees beginning TC-52. apprenticeships after 2007, a taxpayer who employs a qualifying apprentice may claim an income tax credit of $1,000 AMENDED CREDITS for each apprentice employed at least seven full months of the tax year. The credit may be claimed for four tax years. The BROWNFIELDS VOLUNTARY CLEANUP CREDIT - A form for claiming this credit is TC-45. taxpayer may claim a credit against corporate income tax for 50% of the costs of voluntary cleanup activity of a single site HYDROGEN INFRASTRUCTURE DEVELOPMENT FUND by a nonresponsible party under the Brownfields Voluntary CREDIT - For tax years beginning after 2007 and before 2012, Cleanup Program. The credit is limited to $50,000 a year, and a taxpayer may claim a credit against individual or corporate up to $100,000 may be carried forward five years. For income tax, bank tax, corporate license fees, and/or insurance contracts entered into on or after June 11, 2008, the credit premium tax for making an unconditional contribution to the may be claimed against individual income tax. The form for S.C. Hydrogen Infrastructure Development Fund. The credit is claiming the credit is TC-20. 25% of the qualified contribution with a 10-year carryforward. A taxpayer who claims this credit may not also claim a deduction SOLAR ENERGY SYSTEM CREDIT AMENDED - A taxpayer for the same contribution. The S.C. Research Authority will may claim an individual or corporate income tax credit for 25% provide the taxpayer with a form documenting the amount of of the costs of purchasing and installing a solar energy heating the qualified contribution. The form for claiming the tax credit is or cooling system in a facility in South Carolina owned by the TC-47. taxpayer. Until July 1, 2009, the credit is limited to solar energy systems for heating water, space heating, air cooling or the PLUG-IN HYBRID VEHICLE CREDIT - For tax years generation of electricity. Beginning July 1, 2009, the credit will beginning after 2007 and before 2011, a taxpayer may claim a include small hydropower systems and systems that produce credit against individual or corporate tax for an in-state energy-efficient daylighting, heat reclamation and purchase or lease of a plug-in hybrid vehicle. The amount of energy-efficient demand response. The form for claiming the credit is $2,000 with a 5-year carryforward. The amount of all credit is TC-38. credits claimed for a fiscal year (July 1 through June 30) will be limited to $200,000, and the limit will apply proportionately CREDIT FOR REHABILITATING A TEXTILE MILL SITE - The among all eligible claimants. The form for claiming the tax Textiles Communities Revitalization Act has been recodified as credit is TC-48, and the form for applying for the credit is Chapter 65 of Title 12. Effective June 12, 2008, a taxpayer TC-48A. who rehabilitates a textile mill site may elect to claim either a property tax credit or a credit against individual or corporate CELLULOSIC ETHANOL OR ALGAE-DERIVED BIODIESEL income tax, bank tax and/or corporate license fees. For sites R&D CREDIT - For tax years beginning after 2007 and before acquired after December 31, 2007, a taxpayer electing the 2012, a taxpayer may claim a credit against individual or credit against income tax, bank tax or license fees must file a corporate tax for qualified expenditures for research and Notice of Intent to Rehabilitate with the department before development to develop feedstocks and processes for incurring any rehabilitation expenses. Otherwise, any expenses incurred before filing the Notice cellulosic ethanol and for algae-derived biodiesel. The credit is may not be included in calculating the credit. If the actual 25% of qualified expenditures for research and development, rehabilitation expenses are between 80% and 125% of the limited to $100,000 in all years, with a 5-year carryforward. For expenses estimated in the filed Notice, the credit is 25% of the qualifying expenses incurred during the period from July 1, actual expenses. If the actual expenses are more than 125%, 2008 through December 31, 2009, taxpayers must submit the credit is 25% of 125% of the estimated expenses. If the requests for approval to the State Energy Office by January actual expenses are less than 80%, there is no credit. 31, 2010. Thereafter, approval will be done on a calendar year The taxpayer may transfer any unused credit for any part of basis. The State Energy Office will certify the credit by March the site to the lessee of the site. If the site or any phase or 1. The form for claiming the tax credit is TC-49. portion is sold, the taxpayer may transfer all or part of the unused credit applicable to site, phase or portion sold. The taxpayer must notify the department of any transfer in a 4
  • 7. What's New? (cont.) manner prescribed by the department. The S.C. College Investment Program (SCCIP or “Future A taxpayer that owned the site prior to its abandonment is not Scholar”) remains open to new enrollment. South Carolina eligible for the credit. The area of any site acquired after allows an individual income tax deduction for contributions to December 31, 2007 is limited to the land located within the either SCTPP or SCCIP. boundaries of the textile manufacturing structure. The credit may be claimed on TC-23. NEW REGULATIONS STILL NEEDED BEFORE CLAIMING RESIDENTIAL RETROFIT TAX CREDIT - For tax years after ETHANOL OR BIODIESEL PRODUCTION CREDIT - A 2006, an individual homeowner may claim a credit for costs corn-based ethanol or soy-based biodiesel production facility incurred to retrofit a residence to make it more resistant to loss may qualify for an income tax credit of 20¢ for each gallon due to hurricane, rising floodwater, or other catastrophic produced of corn-based ethanol or soy-based biodiesel, before windstorm event. The credit is 25% of the cost incurred, but denaturing. The credit is allowed for 60 months ending no later not more than $1,000. There is also a credit for South Carolina than December 31, 2016. sales or use taxes paid for tangible personal property used in An ethanol production facility using a feedstock other than the residential retrofit. This credit is 6% of the purchase price corn or a biodiesel production facility using a feedstock other of the tangible personal property, but not more than $1,500. than soy oil may qualify for an income tax credit of 30¢ a Complete TC-43. gallon produced before denaturing. No more than 25 million gallons of ethanol or biodiesel ELECTRONIC FILING REQUIREMENT - A tax preparer who produced in a year may qualify. No more than 125 million prepares 100 or more returns for a tax period for the same tax gallons may qualify during the 60-month period. The limit year must submit all returns by electronic means where imposed on all taxpayer claims in a year is $800,000. If the available. Where electronic means are not available, the annual limit is reached, all credits will apply proportionately preparer must use 2D barcode if available. The Department among eligible claimants. recommends that the preparer obtain and maintain with its This year’s amendments require taxpayers to apply to the records a signed statement from any taxpayer who prefers to State Energy Office by January 31, 2010 for credit certification file by paper. If compliance imposes a substantial financial for the period between July 1, 2008 and December 31, 2009 hardship on the preparer, it may apply in writing to the and each January 31 thereafter for the preceding calendar department for an exemption not to exceed one year at a time. year. The annual limit had been based on a fiscal year instead Failure to comply may result in a $50 penalty for each return. of a calendar year. There was no carryforward before. Any For more information, please see our website at unused credit may be carried forward for 10 years. The credit www.sctax.org is extended to facilities qualifying on or before December 31, 2011 (was 2009), and the credit is allowed through tax years REMINDERS beginning before 2016 (was 2014). The form for claiming either of these credits is TC-40. PASS-THROUGH ACTIVE TRADE OR BUSINESS INCOME RATE CHANGE - For the tax year beginning in 2008, an RENEWABLE FUEL FACILITY CREDIT - For facilities placed individual, estate or trust may elect to file an I-335 to have in service after 2006, a taxpayer that constructs and places in qualifying active trade or business income from a pass-through service in this State a commercial facility for the production of entity taxed at 5.5% instead of the graduated tax rate for renewable fuel is allowed a credit of 25% of the cost to the individual income. The rate had been 6.5% in 2006 and will taxpayer of constructing or renovating a building and continue to decrease by 0.5% per year until it reaches 5% in equipping the facility for the purpose of producing renewable 2009. fuel. The entire credit must be taken in seven equal annual installments beginning with the year the facility is placed in SALES-ONLY APPORTIONMENT - Beginning with Tax Year service. A taxpayer's total credit in all years is limited to 2007, manufacturers, sellers, distributors and renters of $1,000,000. Unused installments may be carried forward for tangible property began moving from 3-factor apportionment 10 years. toward sales only apportionment of income remaining after For facilities placed in service after 2006, but not after 2011, allocation. The 3-factor apportionment method uses a property a taxpayer that purchases or constructs and installs and factor, a payroll factor and a double-weighted sales factor, and places in service in this State property used for distribution or divides the result by 4. With the change, the taxpayer may use dispensing renewable fuel at a new or existing commercial fuel the 3-factor result or claim a percentage of the benefit of distribution or dispensing facility is allowed a credit of 25% of apportionment on the basis of sales alone. The percentage for the cost to the taxpayer of purchasing, constructing, and Tax Year 2008 is 40%, and will increase by 20% each year installing the property against the taxpayer's liability for a tax until 3-factor apportionment is eliminated entirely in Tax Year imposed pursuant to this chapter. The credit must be taken in 2011. three equal annual installments beginning with the year the property is placed in service. The unused portion of an FORMS CHANGES unexpired credit may be carried forward for 10 years. This year’s amendments repeal a fiscal year limit of $150,000 NEW FORMS imposed on all claims and require all taxpayers to apply to the TC-47 Hydrogen Infrastructure Development Fund Credit State Energy Office by January 31, 2010 for credit certification TC-48 Plug-in Hybrid Vehicle Credit for the period between July 1, 2008 and December 31, 2009 TC-48A Application for TC-48 and each January 31 thereafter for the preceding calendar TC-49 Cellulosic Ethanol or Algae-derived Biodiesel R&D Credit year. Also, the credit has been extended to all facilities placed TC-51 Venison for Charity Credit in service before January 1, 2020. It had been scheduled for TC-52 Sprinkler System Credit repeal effective for facilities placed in service after 2011. The form for claiming these credits is TC-41. DISCONTINUED FORMS I-320 Request for Name Change UPDATES FROM LAST YEAR TC-40A Certification form for TC-40 TC-41A Certification form for TC-41 SC TUITION PREPAYMENT PROGRAM REMAINS CLOSED TO NEW ACCOUNTS - Effective July 1, 2008, the S.C. Tuition Prepayment Program (SCTPP) continues to not accept new enrollment. New code sections close the plan to new contracts without affecting existing participants and limit any tuition increase for participants to 7% annually. A budget proviso had done the same thing beginning July 1, 2007. 5
  • 8. What's New? (cont.) IMPORTANT NOTICE SC1040ES – In order to protect taxpayers’ private identifying information as set forth in the Financial Identity Fraud and Identity Theft Protection Act, the department will no longer automatically mail out SC1040ES (Individual Declaration of Estimated Tax) forms. Make payments electronically by selecting the option at www.sctax.org or obtain the form online at www.sctax.org or by fax or mail by calling 1-800-768-3676 (898-5320 in the Columbia area). FAX ON DEMAND FORMS ORDERING 1-800-768-3676 or (in Columbia) 898-5320 The Fax on Demand system allows you to call using either your Fax phone or regular touch tone phone to order single copies of forms. Dial the appropriate phone number listed above and follow the menu. If you call from your fax phone, the system faxes the forms immediately. If you use a regular touch tone phone, the system will request the fax number and will fax the forms after normal hours (11 p.m. - 8 a.m.). You may also request the fax menu listing all information available on the Fax on Demand system. This menu will be sent to you immediately whether you are using a Fax or touch tone phone. A maximum of six (6) forms may be requested in one call. The system will make three (3) attempts to fax the requested forms. Document Retrieval numbers may change each year. Order the menu each year for a listing of all forms available on the Fax On Demand system. The document retrieval number for the menu is 001. Reminder: If you do not have a plain paper fax machine, you must copy the document onto plain paper before submitting to the South Carolina Department of Revenue. We will not process returns filed on thermal fax paper. Frequently Requested Forms Document Frequently Requested Forms Document Retrieval Retrieval SC1040 - Individual Income Tax Return 4003 SC1040TT - Tax Tables 4007 SC1040I - Individual Income Tax Instructions 4002 SC1040X - Amended Return 4011 SC1040A - Short Form 4005 SC4868 - Request for Extension of Time 4018 Schedule NR - Nonresident Schedule 4008 I-319 - Tuition Tax Credit 9009 SC1040ES - Estimated Tax 4012 I-330 - Contributions for Check-Offs 9011 Schedule NRI - Schedule NR Instructions 4009 6
  • 9. GENERAL INSTRUCTIONS (Rev. 8/26/08) SHOULD I FILE A SOUTH CAROLINA INCOME TAX paid on income taxed by South Carolina and another state. You must complete SC1040TC and attach a copy RETURN? of the other state's income tax return. Resident taxpayers under age 65: If you elect to file as a nonresident, file SC1040 with Were you required to file a federal income tax return Schedule NR. You will be taxed only on income earned which included income taxable by South Carolina? while a resident in South Carolina and will prorate your (Residents of South Carolina are taxed on their entire deductions and exemptions. All personal service income income, regardless of where earned, unless earned in South Carolina must be reported to this state. specifically exempted by law.) You may choose the way that is most advantageous to Did you have South Carolina income tax withheld you. This option is only available for the year you are a from your wages? part-year resident. You must also attach a copy of your federal return. Resident taxpayers age 65 or older: I AM A NONRESIDENT OF SOUTH CAROLINA BUT Married Filing Jointly (Both 65 or older) - Is your WORK IN SOUTH CAROLINA. HOW SHOULD I FILE? gross income greater than the federal gross income File SC1040 with Schedule NR. You will be taxed only on filing requirement amount plus $30,000? income earned in South Carolina and will prorate your deductions and exemptions. All personal service income Any Other Filing Status - Is your gross income (wages, consulting, etc.) earned in South Carolina must be greater than the federal gross income filing reported to this state. requirement amount plus $15,000? I AM A FULL-YEAR SOUTH CAROLINA RESIDENT BUT Did you have South Carolina income tax withheld MY SPOUSE IS NOT. HOW SHOULD WE FILE? from your wages? If you file a joint federal return, you must file a joint South Carolina return SC1040 with Schedule NR. The resident Nonresidents: spouse will report to South Carolina all income for the entire year. The spouse who is not a resident on the joint Did you have South Carolina income tax withheld return will only report income earned in this state, if any. from your wages? If you file separate federal returns, you must file a Are you a nonresident or part-year resident with South separate South Carolina return. Your spouse must also Carolina whose gross income is greater than the file a separate South Carolina return if he/she has income federal personal exemption amount? taxable by South Carolina. If you answered YES to any one of the questions above, file a South Carolina income tax return. I AM IN THE ARMED FORCES. WHAT IS MY RESIDENCY STATUS? AM I A RESIDENT OR A NONRESIDENT? South Carolina Resident: If you enter the armed forces The following definitions will help you decide: when you are a South Carolina resident, you do not lose You are a South Carolina resident, even if you live outside your South Carolina residency status, even if you are South Carolina, when: absent from this state on military orders. You are subject to 1. Your intention is to maintain South Carolina as your the same residency requirements as any other South permanent home, AND Carolina resident and are required to file a South Carolina income tax return. 2. South Carolina is the center of your financial, social and family life; AND Nonresident: If you are not a South Carolina resident but are stationed in this state by military orders, your military 3. When you are away, South Carolina is the place to income is not subject to South Carolina tax. However, if which you intend to return. you have other earned income subject to South Carolina tax, file SC1040 with Schedule NR. South Carolina DOES You are a nonresident if your permanent home is outside tax other income earned in this state by you or your South Carolina all year and none of the above applies. spouse. WHAT IS MY STATUS IF I MOVED INTO OR OUT OF SOUTH CAROLINA DURING THE TAX YEAR? You are a part-year resident. As a part-year resident, you may consider yourself a full-year resident or a nonresident. If you elect to file as a full-year resident, file SC1040. Report all your income as though you were a resident for the entire year. You will be allowed a credit for taxes 7
  • 10. WHAT FORM DO I USE? When you file your return, check the appropriate box on the front of the SC1040 and attach a copy of your Use SC1040A (Short Form) if all of the following apply to federal extension or SC4868 to the back of your South you: Carolina return. You are a full-year South Carolina resident. Your income is only from wages, interest, ordinary If you expect to owe additional tax by the April 15 due dividends or unemployment. date, and you need more time to file your South Carolina You either have no adjustments to your federal taxable income tax return: income for South Carolina purposes or your only You must pay at least 90 percent of your state tax due adjustment is the deduction for dependents under 6 to the Department of Revenue on either a copy of the years of age. federal Form 4868 marked quot;For South Carolinaquot; or Your federal taxable income is $99,999 or less. South Carolina SC4868 by April 15, 2009. Use SC1040 if any one of the following applies to you: Be sure to enter any South Carolina payments paid on You itemized your deductions on your federal return. an extension request on SC1040, line 18. You filed a federal or state extension. You paid estimated tax to South Carolina. Be sure to attach a copy of the extension to the back of You claimed tax credits on SC1040TC or a Tuition Tax your South Carolina return when you file. Check the Credit. appropriate box on the front of the SC1040. You have any of the adjustments to your federal MORE TIME TO FILE DOES NOT MEAN MORE taxable income discussed on pages 13 - 19. TIME TO PAY YOUR TAXES! You are a part-year resident who elects to file as a You will owe interest from April 15, 2009 to date of resident. payment. A penalty may also be charged after April 15th if You and/or your spouse are age 65 or older. an additional payment is required. To avoid the penalty, You are claiming a Capital Gains tax deduction. you must: 1) pay at least 90 percent of the tax by April 15, 2009, and 2) pay the additional balance, if any, within the Use SC1040 with Schedule NR if any one of the following extended time period. applies to you: You are a part-year resident electing to file as a FRAUDULENT RETURN nonresident. Any person who deliberately fails to file a return, files a You are a nonresident. fraudulent return or attempts to evade the tax in any One spouse is a full-year resident, and the other manner may be liable for a penalty up to $10,000 or spouse is a nonresident. imprisoned for not more than five years or both. If you need to file a return for a different tax year, please do not use a current year tax form. Visit our website I AM GETTING AN INCOME TAX REFUND THIS YEAR. www.sctax.org>Taxes and Licenses: Individual WHEN WILL I GET MY CHECK? Income>Forms> or call 1-800-768-3676, Fax-On-Demand. Returns which are filed early are usually processed more quickly than returns filed closer to April 15th. Ordinarily, WHEN SHOULD I FILE MY RETURN? within twelve weeks after we receive your complete return RETURNS FOR CALENDAR YEAR 2008: file on or before we will mail your refund check. Therefore, please allow at April 15, 2009. least fourteen weeks for your refund to arrive before you contact us. Visit our website at www.sctax.org or call RETURNS FOR FISCAL YEAR TAX PERIODS: due on or 1-803-898-5300. before the fifteenth (15th) day of the fourth month following the close of your tax year. Identify the fiscal year period at DECEASED TAXPAYERS the top of the return in the space provided and write If a person received income during this tax year but died quot;FISCALquot; in large letters across the face of the return. before filing a return, the South Carolina income tax return should be filed by the surviving spouse, executor or Electronic Filing: See page 3 for May 1, 2009 incentive. administrator. Use the same filing status that was used on the final federal income tax return. Check the appropriate NEED MORE TIME TO FILE? box beside the decedent's name. The due date for filing is If you need more time to file your South Carolina return, the same as for federal purposes. In the area where you note the following: sign the return write quot;Filing as a surviving spouse,quot; if You may file and pay with your extension on-line appropriate. A personal representative filing the return must through our website: www.sctax.org sign in his or her official capacity and attach SC1310. Any If you will receive a refund of state income taxes, refund check will be issued to the decedent's surviving South Carolina will allow you the same length of time spouse or estate. that is allowed by your federal extension. If you do not have a federal extension, then you must file a SC4868 by April 15, 2009. 8
  • 11. ROUND OFF CENTS TO THE NEAREST WHOLE exceeds the amount owed the claimant agency plus the DOLLAR. administrative fee, the balance will be mailed to you. You must round off cents to the nearest whole dollar on If you believe you do not owe the debt, the amount your return and schedules. You must drop amounts less sent was incorrect, or the debt has already been paid, than 50 cents. Increase amounts of 50 to 99 cents to the you must contact the claimant agency. next dollar. For example: $2.15 becomes $2.00; $4.75 becomes $5.00; and $3.50 becomes $4.00. WHO MUST FILE A DECLARATION OF ESTIMATED TAX? WHAT TAX RECORDS DO I NEED TO KEEP? Generally, you must file a Declaration of Estimated Tax, Keep a copy of your return. Also, keep the original or a SC1040ES, for the year 2009 if you estimate that your tax copy of any schedules, worksheets or statements used to will be $100 or more and the total amount of income tax prepare your return. Keep your records that support an item that will be withheld will be less than the lesser of: of income or a deduction appearing on a tax return until the limitations period for the return runs out. The limitations 1. 90% of the tax to be shown on your 2009 income tax period is generally THREE YEARS from the date the return return, was filed or due to be filed, whichever is later. or Save any records concerning property, home, stocks, and 2. 100% of the tax shown on your 2008 income tax business property you bought and may sell later. The return (if your 2008 return covered all 12 months of records kept should show the purchase price, date and the year). However, if your adjusted gross income is related cost, and for real property, cost and date of $150,000 or more, the 100% rule is modified to be improvements. Your return may be audited by the IRS or 110% of the tax shown on your 2008 income tax the South Carolina Department of Revenue. If audited, the return. law requires you to show proof of your income, expenses, and cost of assets. Wage earners who do not have enough tax withheld from their wages must file a Declaration of Estimated Tax for the WHAT IF I AM AUDITED BY THE IRS? year. You have two methods for paying: 1) increase the If you receive a refund or owe additional federal tax, file an amount your employer withholds from your wages, or 2) SC1040X (amended South Carolina return) after the pay estimated tax in addition to the usual amount withheld federal audit report becomes final. from your wages. WHEN SHOULD I FILE AN AMENDED SOUTH CAROLINA RETURN? Taxpayers earning personal service income in another File SC1040X (Amended Return) any time you need to state on which tax withholding was due to the other state correct your South Carolina return. If you amend your and was withheld can be relieved of declaration penalty. federal return, generally you will need to amend your state Self-employed people who do not have South Carolina return. You may apply for a refund on either an amended or tax withheld from their income must file a Declaration of delinquent return for any tax period which is open under the Estimated Tax for the year. Recipients of taxable statute of limitations. A refund will not be issued for pension and annuities who do not have at least 90 requests received beyond the limitations period. The percent of their South Carolina income tax liability withheld limitations period for filing an original return is generally must file a Declaration of Estimated Tax for the year. three years from the original due date. If you filed the original return by the original due date or by an extended due date, the limitations period for filing an amended return WHO DOES NOT HAVE TO FILE A DECLARATION OF ESTIMATED TAX? is three years from the date of filing, three years from the original due date, or two years from the date of payment, Farmers and commercial fishermen do not have to file a whichever is latest. If you filed the original return after the declaration if at least two thirds of their gross income is original due date and any extended due date, if applicable, from farming or fishing, but must file their return and pay all the limitations period for filing an amended return is three taxes due generally by March 1. If March 1 falls on a years from the original due date or two years from the date weekend, then the due date is the next business day. of payment, whichever is later. HOW DO I FILE ESTIMATED TAX? REFUND SETOFFS To file SC1040ES and pay on line by credit card or The South Carolina Department of Revenue assists other electronic funds withdrawal, see our website State agencies, institutions of higher learning, political (www.sctax.org). Forms can also be printed from our subdivisions of the state, and the Internal Revenue Service website to use when mailing your payment. in the collection of overdue accounts. All or part of your refund can be sent directly to these quot;claimantquot; agencies if CHANGE NAME OR ADDRESS they notify the Department that you have a past due Let us know your new name and/or address. Complete account with them. SC8822, which is available inside the booklet and on our The South Carolina Department of Revenue charges the website www.sctax.org taxpayer a $25.00 administrative fee to complete a refund quot;setoff.quot; If any of your refund is sent to a claimant agency, the Department will notify you in writing. If your refund 9
  • 12. SC1040 INSTRUCTIONS 2008 (Rev. 8/15/08) For tax year 2008, unless you have a valid extension, the due date is April 15, 2009 and the deadline to claim a refund is April 15, 2012. Tip COMPLETE YOUR FEDERAL RETURN BEFORE YOU BEGIN YOUR SOUTH CAROLINA TAX RETURN. YOUR COMPLETED FEDERAL RETURN WILL CONTAIN INFORMATION WHICH YOU MUST ENTER ON THE SOUTH CAROLINA RETURN. Complete your federal return If you were required to use federal schedules C, D, E and/or F with your federal return or filed a Schedule NR, first! SC1040TC, I-319 and/or I-335 with your South Carolina return, attach a copy of your completed federal return and schedule(s) to your South Carolina return. NAME, ADDRESS AND SOCIAL SECURITY NUMBER Tip Print or type your name, address, Social Security number and the code of the county in which you live. For a list of county codes see page 29. If you are married and filing a joint return, fill in your spouse's name and your spouse's Social Security number. Make sure your If you are married and filing separate returns, do not include your spouse's name or Social Security number in mailing address this section. Fill in your spouse's Social Security number next to box # 3 in the filing status section. is complete and correct. If the taxpayer or spouse died during the taxable year, check the box by the decedent's name. In compliance with the Federal Privacy Act of 1974, Public Law 93-579, the disclosure of the individual's Social Security number on this form is mandatory. 42 U.S.C. 405(c)(2)(C)(I) allows a State (or a political subdivision hereof) to utilize an individual's Social Security number in connection with the administration of any tax and SC regulation 117-201 provides that any person required to make a return, statement or document to the Department of Revenue must include identifying numbers on such return, statement or document if the Department requests such information. Social Security numbers are primarily used for the purposes of identifying taxpayers and monitoring tax compliance and/or fraud. ITIN - INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER If you are a nonresident or resident alien and cannot get a Social Security number, you may contact the Internal Revenue Service to apply for and obtain an Individual Taxpayer Identification Number (ITIN) for the purpose of filing income tax returns. South Carolina will accept this number in place of a Social Security number for the purposes of processing your individual income tax returns. For information on obtaining an ITIN, please contact the Internal Revenue Service at 1-800-829-1040 or go to www.IRS.gov CHECK BOXES Nonresidents for the entire year and part year residents electing to file as a nonresident should check this box and attach Schedule NR to the completed SC1040. Do not submit the Schedule NR separately. If you filed a federal or state extension, check the box. If you are filing a composite return for a partnership or S corporation, check the box. Use the company name and the company's federal identification number. You need not use quot;Composite return forquot; or quot;Shareholders ofquot; in the name section. FILING STATUS Tip Check the same filing status you checked on your federal return. Check only one box. EXEMPTIONS You must enter the same number of exemptions claimed on your federal return. Attach federal Form 8332 if you are required to file this form with your federal return. It is important to mark your filing NOTE: If you are filing a composite return for a partnership or S Corporation, mark single filing status and one status and exemption. exemptions to avoid delays in If you are claiming a deduction for children under six, you must enter in the space provided the number of children processing your return! under six. Also, be sure to complete the information required on line 52. Enter the number of taxpayers who are age 65 or older. 10
  • 13. Instructions - South Carolina Form SC1040 ROUND-OFF ALL AMOUNTS TO THE NEAREST WHOLE DOLLAR. Tip Line 1 Enter your Federal Taxable Income from your federal Form 1040, line 43; 1040A, line 27; or 1040EZ, line 6. If your Federal Taxable Income is zero or less, enter zero here and enter your negative amount on line 50. STOP! Nonresident/Part Year filers complete Schedule NR and go to line 5. See Schedule NR instructions. Line 2 Resident filers complete lines 32 - 37 and enter figure from line 37. Lines 1 and 5 should not be Line 4 Resident filers complete lines 38 - 54 and enter figure from line 54. blank. Refer to instructions for SOUTH CAROLINA TAX these lines. Line 6 TAX If your quot;income subject to taxquot; on line 5 is less than $100,000, use the tax tables on pages 30 through 33 to determine your South Carolina tax and enter the amount of tax on line 6. If your quot;income subject to taxquot; on line 5 is $100,000 or more, use tax rate schedule on page 33 to compute your tax and enter the amount of tax on line 6. Line 7 TAX ON LUMP SUM DISTRIBUTION Tip South Carolina provisions for lump sum distributions are the same as the federal provisions. If you used federal Form 4972 for a lump sum distribution, you must use the South Carolina SC4972 to compute the South Carolina tax. Line 8 TAX ON ACTIVE TRADE OR BUSINESS INCOME Enter the amount from I-335, line 7. Do Not enter the Line 9 TAX ON EXCESS WITHDRAWALS FROM CATASTROPHE SAVINGS ACCOUNTS federal 10% Withdrawals from a Catastrophe Savings Account are taxed at 2.5% unless: penalty on line 7. (1) the taxpayer no longer owns a qualified legal residence in South Carolina; (2) the amount contributed was within the allowable limits, and the withdrawal occurred after the taxpayer reached age 70; or (3) the withdrawal followed the death of the individual who set up the Account or his surviving spouse. CREDITS Line 11 CHILD AND DEPENDENT CARE The South Carolina Credit for Child and Dependent Care expense is 7% of the federal expense for a full year resident. A part year/nonresident is allowed 7% of their prorated federal expenses. See examples below. Married filing separately cannot claim this credit. The maximum credit allowed for one child is $210. The maximum credit for two or more children is $420. Example A: Full Year Resident (In this example, the allowable credit is $140.) Federal Child Care Expense from Form 2441, line 6 or 1040A, Schedule 2, line 6 is $2,000 $2000 x .07 = $140 Example B: Part Year/Nonresident (In this example, the allowable credit is $42.) Federal Child Care Expense from Form 2441, line 6 or 1040A, Schedule 2, line 6 is $2,000 and your proration percent from line 44 of SC Schedule NR is 30%. Your computation should be: $2000 x .30 = $600 x .07 = $42 You may not claim this credit if you are a resident of a state which does not offer a credit for child and dependent care expenses to a South Carolina resident. Tip Line 12 TWO WAGE EARNER CREDIT (MARRIED COUPLE) This credit can only be claimed by a married couple filing jointly when both spouses have earned income taxed to South Carolina. This credit is not allowed on returns with a filing status of single, married filing separately or head of household. Do not include gambling or bingo winnings reported on federal form W-2G. Example - You earned a salary taxed to South Carolina of $20,000. Your spouse earned $17,000 taxed to South The two wage Carolina and had an IRA deduction taxed to South Carolina of $1,000. Your SC qualified earned income is $20,000 earner credit and your spouse's is $16,000 ($17,000 minus $1,000). Because your spouse's qualified earned income is less than cannot be yours, the credit is based on your spouse's income. Therefore, the credit is $112 ($16,000 x .007). claimed on returns with a Compute your earned income separately for yourself and your spouse. South Carolina earned income is generally filing status of income you receive for services you provide. It includes wages, salaries, tips, commissions and sub-pay. It also single, married includes income earned from self-employment, business income or loss, partnership income or loss, farm income or filing separately loss and any other earned income taxed to South Carolina. Earned income does not include gambling or bingo or head of winnings, interest, dividends, Social Security benefits, IRA distribution, unemployment compensation, deferred household. compensation or non-taxable income. It also does not include any amount your spouse paid you. (a) You (b) Your Spouse 1. Wages, salaries, tips, etc., taxed to South Carolina from South Carolina Schedule NR, Column B, line 1; federal Form 1040, line 7; 1040A, line 7 or 1040EZ, line 1. (Do not include pensions or annuities.) 2. Net profit or (loss) from self-employment (from Schedule C and on Schedule K-1 of Form 1065) and any other earned income taxed to South Carolina. 11
  • 14. Instructions - South Carolina Form SC1040 (a) You (b) Your Spouse 3. Add lines 1 and 2. This is your total earned income taxed to SC. South Carolina qualified earned income. This is the amount on which the credit is based. Compute it by subtracting certain adjustments from South Carolina earned income. The adjustments are: One half of self-employment tax (Form 1040, line 27) Self-employed SEP, simple, and qualified plans (Form 1040, line 28) Self-employed health insurance deduction (Form 1040, line 29) IRA deduction (Form 1040, line 32 or 1040A, line 17) Repayment of sub-pay 4. Add amounts entered on federal Form 1040 lines 27 through 29 and 32. (a) You (b) Your Spouse If filing South Carolina Schedule NR, enter amounts from lines 21, 22, 23, 26 and any repayment of supplemental unemployment benefits (sub-pay) allocable to South Carolina income. 5. Subtract line 4 from line 3. This is your qualified earned income taxed to South Carolina. If the amount in column (a) or (b) is zero (-0-) or less, stop here. You may not take this credit. Compute the credit. 6. Enter the smaller of 5(a) or 5(b). Do not enter more than $30,000. 7. Multiply the amount on line 6 by .007. Do not enter more than $210. Enter the amount here and on SC1040, line 12. Line 13 OTHER NON-REFUNDABLE CREDITS See SC1040TC instructions for an explanation of the other non-refundable credits. The appropriate schedules must be attached to your return. TAX PAYMENTS/CREDITS Line 16 SC INCOME TAX WITHHELD FROM WAGES Tip Enter the total SC tax withheld from your wages as shown on your W-2s under quot;State Income Tax.quot; Enter only amounts withheld to South Carolina. Withholding paid to any other state cannot be claimed on your South Carolina return. Also include amounts withheld on SC41s. If you have South Carolina withholding from any federal Form 1099, include that amount on line 20. Attach all W-2s, NOTE: Amounts reported on a South Carolina substitute 1099G/INT are not South Carolina withholding. 1099s and/or SC41s! Attach READABLE copies of your W-2s to the front of your return, right side up, at the place provided. Copies of Credit for your W-2s are available only from your employer. If you do not have a W-2 form, complete SC4852 and provide withholding can proof of any tax withheld. You are responsible for submitting information to verify the withholding amount claimed. be allowed only if all supporting Line 17 2008 ESTIMATED TAX PAYMENTS documents are Enter the total estimated tax payments you made before filing this South Carolina tax return plus any amount provided. You can only claim transferred from your 2007 tax return. withholding from the state of Line 18 PAYMENTS ON EXTENSION South Carolina. If you requested an extension for more time to file your return, enter the amount you paid with the extension, if any. Check the appropriate box on the front of the return below the address portion. Line 19 NONRESIDENT SALE OF REAL ESTATE A nonresident of South Carolina who sells real property located in this state is subject to withholding of South Carolina income taxes. Such sale must be reported to South Carolina on an individual income tax return. If state income taxes were withheld at the time of sale, claim the amount withheld on this line and attach a copy of the I-290 to your return. See closing attorney for a copy of I-290. Line 20 SC INCOME TAX WITHHELD - FORM 1099 Enter the total SC tax withheld from each Form 1099 and attach a copy of each Form 1099 to the front of your return. Form W-2 withholding should be entered on line 16. NOTE: Amounts reported on a South Carolina substitute 1099 G/INT are not South Carolina withholding. Line 21 TUITION TAX CREDIT Refer to I-319 to see if you qualify to claim this credit. If you qualify, complete all information on I-319 and attach it to your return. If you have more than one qualifying student, complete a separate I-319 for each student. For more information, visit our website: www.sctax.org This credit can only be claimed on SC1040. Attach a copy of your federal return. Line 22 OTHER REFUNDABLE CREDITS Enter amounts from I-333 refundable credit for anhydrous ammonia additive and I-334 refundable credit for production and sale of milk. Attach I-333 and/or I-334. 12
  • 15. Instructions - South Carolina Form SC1040 Line 26 SOUTH CAROLINA USE TAX If your use tax has not been remitted during the year, see South Carolina Use Tax Worksheet UT-3W for instructions. Add the amounts from Line 5 of UT-3W worksheet. Purchases subject to use tax are taxed at your county's state and local sales and use tax rate. Line 27 ESTIMATED TAX If you want to apply any or all of your overpayment toward next year's tax, enter the amount on this line. Line 28 CONTRIBUTION FOR CHECK-OFFS See I-330 for specific information about the various funds to which you may contribute. Enter the total from Schedule I-330. Attach I-330 to your return. Your contribution cannot be made unless you attach I-330. REFUND OR AMOUNT YOU OWE Line 30 REFUND If line 29 is larger than line 24, go to line 31. Otherwise, subtract line 29 from line 24 and enter the quot;Amount to be Tip Refunded to Youquot; on line 30. The SC Department of Revenue will not refund amounts less than $1.00. Line 31 NET DUE - AMOUNT YOU OWE If you have an amount on line 29, add lines 25 and 29 and enter the quot;Amount You Owequot; on line 31; otherwise, enter the amount from line 25. Write your Social Security Number and quot;2008 SC1040quot; on your check or money order, and See quot;Common Errorsquot; on page STAPLE to your return. Make check or money order payable to the quot;SC Department of Revenue.quot; Note the SC2210 2 for reasons penalty instructions below. your refund may be delayed. UNDERPAYMENT OF ESTIMATED TAX - SC2210 You may owe a penalty for underpayment if you did not pay in four equal amounts by the required due dates at least the smaller of: 90% of your tax liability for 2008; or 100% of your tax liability for 2007. However, if your adjusted gross income is $150,000 or more, the 100% rule is modified to be 110% of the tax shown on your 2007 income tax return. Use SC2210 to determine any penalty that may be due. If you are due a refund, subtract the penalty amount from the difference of line 24 and line 29 and enter the result on line 30. If you owe tax, add the penalty amount to the sum of the amount due on line 25 and line 29 and enter the result on line 31. If you have calculated failure to file/pay penalties and interest, add to any calculated underestimation penalty and enter the total in the penalty box on line 31. ADDITIONS TO FEDERAL TAXABLE INCOME Enter all numbers on lines 32 through 36 as positive numbers even if they are negative numbers on the federal return. Lines 32 through 36 are adjustments which must be added to your federal taxable income to determine your South Carolina taxable income. Line 37 is the total of these additions. Line 32 STATE TAX ADDBACK, IF ITEMIZING ON FEDERAL RETURN Tip If you deducted state and local income taxes or general sales taxes while itemizing on your 2008 federal income tax return, you are required to add all or part of this amount to federal taxable income to arrive at your South Carolina taxable income. Use the worksheet below to figure the adjustment. (Keep this worksheet for your records.) Worksheet A State Tax Adjustment Your state tax addback cannot 1. Itemized deductions from 2008 federal Form 1040, line 40. 1. be less than zero. 2. Enter allowable federal standard deduction you would have been allowed if you had not itemized. (Enter zero if married filing separate [MFS] returns -- See federal instructions) 2. 3. Subtract line 2 from line 1. (Enter zero if line 2 is greater than line 1.) 3. 4. Enter the amount of state and local income taxes from line 5a or general sales taxes from line 5b of federal Schedule A. If your federal itemized deductions were limited due to your adjusted gross income being more than $159,950 ($79,975 married filing separate), go to Worksheet B. 4. 5. The lesser of line 3 or line 4. Enter this amount on SC1040 line 32. 5. 13
  • 16. Instructions - South Carolina Form SC1040 Worksheet B State Tax Adjustment. Complete when federal adjusted gross income is more than $159,950 ($79,975 married filing separate) and federal itemized deductions are limited: 1. State and local income taxes from line 5a or general sales taxes 1. from line 5b of federal Schedule A. 2. Enter the amount from line 3 of the itemized deductions worksheet 2. in the instruction booklet for federal Form 1040. 3. Divide line 1 by line 2, and enter the result here. 3. 4. Enter the amount from line 11 of the itemized deductions worksheet 4. in the instruction booklet for federal Form 1040. 5. Multiply line 3 by line 4, and enter the result here. 5. 6. 6. Subtract line 5 from line 1. Enter this amount on line 4 of Worksheet A. Line 33 OUT-OF-STATE LOSSES If you have reported losses from out-of-state rental property, a business located outside South Carolina, or losses from real property located out of state, enter the amount shown on your federal return on line 33. You must also include any related expenses, such as investment interest. Enter the total of these losses and related expenses on this line. Personal service income (W-2 or business wages) is taxable to South Carolina no matter where it is earned. Line 34 EXPENSES RELATED TO RESERVE INCOME Because inactive duty military reserve income is taxed for federal purposes but deductible on your South Carolina return, you must add back the amount of the federal deduction for expenses related to this income. Enter the amount of these expenses on this line. Line 35 INTEREST INCOME Interest income on obligations of states and political subdivisions other than South Carolina must be added. In the case of a mutual fund, add back the percentage of exempt interest income attributable to out-of-state non federal obligations. Enter the amount of taxable interest income on this line. Line 36 OTHER ADDITIONS TO INCOME Attach an explanation of your entry for this line. Some examples of items which you must enter on this line are: Taxpayers that claim bonus depreciation under federal law must add back the difference between the bonus Tip depreciation taken and the depreciation which would have been allowed without bonus depreciation. Taxpayers that claim a child care program credit for donations to a nonprofit corporation (Sch. TC-9) are not allowed a deduction for those donations. The disallowed deductions are an addition to federal taxable income. Taxpayers that claim a credit for wages paid to employees terminated due to a base closure (Sch. TC-10) must For further reduce the deduction for wages paid by the amount of the credit. The amount of this credit is an addition to federal information taxable income. about additions to federal Federal net operating loss when claiming a larger amount than for state purposes is an addition. taxable income visit our website: Expenses deducted on the federal return related to any income exempt or not taxed by South Carolina is an www.sctax.org addition. Some examples are investment interest to out-of-state partnerships and interest paid to purchase United States obligations. Foreign areas allowances, cost of living allowances and/or income from possessions of the United States are additions to federal taxable income. Effective for qualifying investments made after June 30, 1998, taxpayers must reduce the basis of the qualifying property to the extent the Economic Impact Zone Investment Tax Credit is claimed. An addition to federal taxable income must be made for the resulting reduction in depreciation. A deduction for domestic production activities under IRC Section 199 must be added back. A charitable contribution deduction under IRC Section 170 for a gift of land must be added back unless the contribution also meets the requirements of S.C. Code Section 12-6-5590. Include any withdrawals during the tax year from a Catastrophe Savings Account that were: (1) necessary because contributions were more than the allowable limits; or (2) more than the amount needed to cover qualified catastrophe expenses. (Qualified catastrophe expenses are expenses paid or incurred because of a major disaster as declared by the Governor.) Do not include any withdrawals made by a spouse surviving the spouse who set up the Account. As of January 1, 2009, a business must add back any amount paid for services performed by an unauthorized alien if the amount is $600 or more a year. An “unauthorized alien” is a person who is not admitted for permanent residence and not authorized to be employed either under federal law or by the U.S. Attorney General. An add-back is not required if: (1) the business is a S.C. business exempt from compliance with federal employment verification procedures under federal law; or (2) the person being paid is not directly paid or employed by the 14