ATTM 001 IMPORTANT NOTICE - NONRESIDENTS ONLY.docx

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Attached to
MEDICAID ELIGIBILITY OPERATIONS SERVICES
Solicitation number
5400021745
Issued by
Richland County, South Carolina

About this file

This is a tax notice attachment related to a South Carolina Medicaid Eligibility Operations Services contract opportunity. The document outlines withholding requirements applicable to nonresidents conducting business or performing temporary personal services within South Carolina. Section 12-8-550 of the South Carolina Code of Laws mandates that entities hiring nonresidents withhold 2% of each payment made to the nonresident. However, exemptions from this requirement apply to payments for tangible personal property without accompanying services, nonresidents not conducting business in South Carolina, contracts not exceeding $10,000 in a calendar year, and nonresidents who register with either the South Carolina Department of Revenue or Secretary of State and submit a completed Nonresident Taxpayer Registration Affidavit - Income Tax Withholding (Form I-312). The withholding requirement applies to all governmental entities using contracts under this solicitation, and nonresidents must submit a separate affidavit copy to each Using Entity making payments.

Additionally, Section 12-8-540 requires entities making payments of $1,200 or more annually to nonresident taxpayers for rental or royalty income to withhold 7% for non-corporate entities or 5% for corporations. The South Carolina Department of Revenue administers these requirements and handles all registration and withholding questions through its License and Registration Section at 803-898-5872 and Withholding Section at 803-898-5383. Nonresidents can access the required Form I-312 through the Department of Revenue's 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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