ATTM 001 NONRESIDENT TAXPAYER.docx
DOCX document 22 KB Posted
- Attached to
- NEMT MEDICAL TRANSPORTATION
- Solicitation number
- 5400029919
- Issued by
- Richland County, South Carolina
About this file
This is a tax notice document issued by the State of South Carolina regarding withholding requirements for nonresident taxpayers contracting with South Carolina governmental entities. The notice addresses the NEMT Medical Transportation contract opportunity and is applicable to all Using Entities that engage contractors through this solicitation.
South Carolina Code of Laws Section 12-8-550 mandates that entities hiring nonresidents conducting business or performing temporary personal services within the state must withhold 2% of each payment made to the nonresident contractor. Exemptions from this withholding requirement include payments for tangible personal property without accompanying South Carolina services, nonresidents not conducting business in South Carolina, contracts not exceeding $10,000 in a calendar year, and nonresidents who register with the South Carolina Department of Revenue or Secretary of State and submit Form I-312 (Nonresident Taxpayer Registration Affidavit - Income Tax Withholding). Nonresidents must submit a separate Form I-312 to each Using Entity making payments under this contract, and the affidavit remains valid for all subsequent contracts between the nonresident and Using Entity unless the Department of Revenue revokes the exemption. Additionally, Section 12-8-540 requires 7% withholding on rental and royalty payments of $1,200 or more annually to nonresident individuals and 5% to nonresident corporations. Contractors and Using Entities with withholding questions should contact the South Carolina Department of Revenue at 1-844-898-8542 or visit dor.sc.gov.
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Text version
ATTM 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 South Carolina Department of Revenue at 1-844-898-8542 or visit the Department's website at: dor.sc.gov This notice is for informational purposes only. This agency does not administer and has no authority over tax issues. All registration and withholding tax questions should be directed to the South Carolina Department of Revenue at 1-844-898-8542. Additional contact information can be found by visiting the Department's website at dor.sc.gov PLEASE SEE THE "NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING" FORM (FORM NUMBER I-312) LOCATED AT: dor.sc.gov [09-9005-5]
File details come from the government source that posted it. Updated .