2021 South Carolina Code of Laws
Title 12 - Taxation
Chapter 65 - South Carolina Textiles Communities Revitalization Act
Section 12-65-20. Definitions.

For the purposes of this chapter, unless the context requires otherwise:

(1) "Abandoned" means that at least eighty percent of the textile mill has been closed continuously to business or otherwise nonoperational as a textile mill for a period of at least one year immediately preceding the date on which the taxpayer files a "Notice of Intent to Rehabilitate". For purposes of this item, a textile mill site that otherwise qualifies as abandoned may be subdivided into separate parcels, which parcels may be owned by the same taxpayer or different taxpayers, and each parcel is deemed to be a textile mill site for purposes of determining whether each subdivided parcel is considered to be abandoned.

(2) "Ancillary uses" means uses related to the textile manufacturing, dying, or finishing operations on a textile mill site consisting of sales, distribution, storage, water runoff, wastewater treatment and detention, pollution control, landfill, personnel offices, security offices, employee parking, dining and recreation areas, and internal roadways or driveways directly associated with such uses.

(3) "Textile mill" means a facility or facilities that were initially used for textile manufacturing, dying, or finishing operations and for ancillary uses to those operations.

(4)(a) "Textile mill site" means the textile mill together with the land and other improvements on it which were used directly for textile manufacturing operations or ancillary uses. However, the area of the site is limited to the land located within the boundaries where the textile manufacturing, dying, or finishing facility structure is located and does not include land located outside the boundaries of the structure or devoted to ancillary uses.

(b) Notwithstanding the provisions of item (4)(a), with respect to (i) any site acquired by a taxpayer before January 1, 2008, (ii) a site located on the Catawba River near Interstate 77, or (iii) a site which, on the date the notice of intent to rehabilitate is filed, is located in a distressed area of a county in this State, as designated by the applicable council of government, "textile mill site" means the textile mill structure, together with all land and improvements which were used directly for textile manufacturing operations or ancillary uses, or were located on the same parcel or a contiguous parcel within one thousand feet of any textile mill structure or ancillary uses. For purposes of this subitem, "contiguous parcel" means any separate tax parcel sharing a common boundary with an adjacent parcel or separated only by private or public roads and railroad rights of way.

(5) "Local taxing entities" means a county, municipality, school district, special purpose district, and other entity or district with the power to levy ad valorem property taxes against the textile mill site.

(6) "Local taxing entity ratio" means that percentage computed by dividing the millage rate of each local taxing entity by the total millage rate for the textile mill site.

(7) "Placed in service" means the date upon which the textile mill site is completed and ready for its intended use. If the textile mill site is completed and ready for use in phases or portions, each phase or portion is considered to be placed in service when it is completed and ready for its intended use.

(8)(a) "Rehabilitation expenses" means the expenses or capital expenditures incurred in the rehabilitation, renovation, or redevelopment of the textile mill site, including without limitations, the demolition of existing buildings, environmental remediation, site improvements and the construction of new buildings and other improvements on the textile mill site, but excluding the cost of acquiring the textile mill site or the cost of personal property located at the textile mill site. For expenses associated with a textile mill site to qualify for the credit, the textile mill and buildings on the textile mill site must be either renovated or demolished.

(b) Notwithstanding subitem (a), for the purpose of calculating the credit with regard to new or rehabilitated buildings on "contiguous parcels" pursuant to item (4)(b), "rehabilitation expenses" do not include expenses that increase the amount of square footage of the buildings that existed on that contiguous parcel immediately preceding the time at which the textile mill became abandoned by more than two hundred percent.

(9) "Notice of Intent to Rehabilitate" means, with respect to a textile mill site acquired by a taxpayer after December 31, 2007, a letter submitted by the taxpayer to the department or the municipality or county as specified in this chapter, indicating the taxpayer's intent to rehabilitate the textile mill site, the location of the textile mill site, the amount of acreage involved in the textile mill site, and the estimated expenses to be incurred in connection with rehabilitation of the textile mill site. The notice also must set forth information as to which buildings the taxpayer intends to renovate, which buildings the taxpayer intends to demolish, and whether new construction is to be involved.

HISTORY: 2008 Act No. 313, Section 3.A, eff June 12, 2008; 2010 Act No. 182, Section 4, eff May 28, 2010; 2018 Act No. 265 (S.1043), Section 3.A, eff October 3, 2018; 2019 Act No. 50 (S.440), Section 1, eff May 16, 2019; 2021 Act No. 21 (S.271), Section 2.A, eff April 26, 2021.

Editor's Note

2018 Act No. 265, Section 3.B, provides as follows:

"B. This SECTION takes effect upon approval by the Governor and first applies to tax years beginning after 2017."

2019 Act No. 50, Section 3, provides as follows:

"SECTION 3. This act takes effect upon approval by the Governor and first applies to tax years beginning after 2017."

2021 Act No. 21, Section 2.B, provides as follows:

"[SECTION 2.]B. This SECTION takes effect upon approval by the Governor and first applies to tax years beginning after 2020."

Effect of Amendment

2018 Act No. 265, Section 3.A, in (4), in the third sentence, deleted "or" following "January 1, 2008,", inserted "or a site which, on the date the notice of intent to rehabilitate is filed, is located in a distressed area of a county in this State, as designated by the applicable council of government," and "or a contiguous parcel" following "the same parcel", and added the fourth sentence, defining "contiguous parcel"; and in (8), added the third sentence.

2019 Act No. 50, Section 1, in (4), inserted the (a) and (b) identifiers, in (b), inserted the (i) to (iii) identifiers, and made nonsubstantive changes; and in (8), inserted the (a) identifier, in (a), deleted the third sentence, which provided that rehabilitation expenses associated with buildings on a textile mill site that increased the amount of square footage by more than two hundred percent must not be considered a rehabilitation expense for the purpose of calculating the credit, and added (b).

2021 Act No. 21, Section 2.A, in (4)(b), in the second sentence, substituted "only by private or public roads and railroad rights of way" for "only by a private or public road".