ATTM 001.pdf
PDF 143 KB Posted
- Attached to
- MMS OPERATIONS AND ENHANCEMENTS
- Solicitation number
- 5400021308
- Issued by
- Richland County, South Carolina
About this file
This is a tax notice attachment from the South Carolina Department of Revenue pertaining to withholding requirements for nonresidents conducting business or performing services in the state. The document outlines that Section 12-8-550 of the South Carolina Code of Laws mandates persons hiring or contracting with nonresidents to withhold 2% of each payment made for business or personal services of a temporary nature within South Carolina. The withholding requirement does not apply to purchases of tangible personal property without accompanying services, nonresidents not conducting business in South Carolina, contracts not exceeding $10,000 annually, or nonresidents who register with the S.C. Department of Revenue or Secretary of State and submit a Nonresident Taxpayer Registration Affidavit (Form I-312). The requirement applies to all governmental entities using such contracts, and nonresidents must submit separate affidavits to each Using Entity making payments under the solicitation.
Additionally, Section 12-8-540 requires 7% withholding on rental or royalty payments of $1,200 or more annually to nonresident individuals and 5% withholding for payments to nonresident corporations. Once a valid affidavit is submitted to a Using Entity, it remains valid for all subsequent contracts between the nonresident and that entity unless the Department of Revenue revokes the exemption. Inquiries regarding registration should be directed to the License and Registration Section at 803-898-5872, while withholding questions should be directed to the Withholding Section at 803-896-1420. The Nonresident Taxpayer Registration Affidavit is available on the Department of Revenue website.
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Text version
ATTACHMENT 001
IMPORTANT TAX NOTICE - NONRESIDENTS ONLY
Withholding Requirements for Payments to Nonresidents: Section 12-8-550 of the South Carolina Code of Laws requires persons hiring or contracting with a nonresident conducting a business or performing personal services of a temporary nature within South Carolina to withhold 2% of each payment made to the nonresident. The withholding requirement does not apply to (1) payments on purchase orders for tangible personal property when the payments are not accompanied by services to be performed in South Carolina,
(2) nonresidents who are not conducting business in South Carolina, (3) nonresidents for contracts that do not exceed $10,000 in a calendar year, or (4) payments to a nonresident who (a) registers with either the S.C.
Department of Revenue or the S.C. Secretary of State and (b) submits a Nonresident Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312 to the person letting the contract.
The withholding requirement applies to every governmental entity that uses a contract ("Using Entity").
Nonresidents should submit a separate copy of the Nonresident Taxpayer Registration Affidavit - Income Tax Withholding, Form I-312 to every Using Entity that makes payment to the nonresident pursuant to this solicitation. Once submitted, an affidavit is valid for all contracts between the nonresident and the Using Entity, unless the Using Entity receives notice from the Department of Revenue that the exemption from withholding has been revoked.
Section 12-8-540 requires persons making payment to a nonresident taxpayer of rentals or royalties at a rate of $1,200.00 or more a year for the use of or for the privilege of using property in South Carolina to withhold 7% of the total of each payment made to a nonresident taxpayer who is not a corporation and 5% if the payment is made to a corporation. Contact the Department of Revenue for any applicable exceptions.
For information about other withholding requirements (e.g., employee withholding), contact the Withholding Section at the South Carolina Department of Revenue at 803-898-5383 or visit the Department's website at:
https://dor.sc.gov
This notice is for informational purposes only. This agency does not administer and has no authority over tax issues. All registration questions should be directed to the License and Registration Section at 803-898-5872 or to the South Carolina Department of Revenue, Registration Unit, Columbia, S.C. 29214-0140. All withholding questions should be directed to the Withholding Section at 803-896-1420.
PLEASE SEE THE "NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX
WITHHOLDING" FORM (FORM NUMBER I-312) LOCATED AT: https://dor.sc.gov/forms-site/Forms/I312_05182015.pdf
[09-9005-3]
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