SALT Report 3715 – Although the amnesty period is not yet active the DOR now has the legislative authority to commence at any time. The South Carolina legislature passed Senate Bill 526 on June 4, 2015 and it was signed by Governor Nikki Haley on June 8, 2015. The amnesty bill authorizes the DOR to designate an amnesty period. The DOR must notify the general assembly 60 days before the beginning of the amnesty period.
“Section 12-4-397. (A) In order to encourage the voluntary disclosure and payment of taxes owed to the State, the General Assembly finds it desirable to allow the Department of Revenue to designate an amnesty period which has a beginning and ending date from time to time as determined by the department. During the amnesty period, the department shall waive the penalties and interest or portion of them at its discretion imposed pursuant to Titles 12, 27, and 61 for a taxpayer who voluntarily files delinquent returns and pays all taxes owed. If the department establishes an amnesty period pursuant to this section, it must notify the General Assembly of the amnesty period at least sixty days before the commencement of the amnesty period.”
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