(A) There is allowed as a tax credit against the income tax liability of a taxpayer an amount equal to fifty percent of the costs incurred by the taxpayer for habitat management or construction and maintenance of improvements on real property that are made to land as described in § 50-15-50(A) and which meet the requirements of regulations promulgated by the Department of Natural Resources pursuant to § 50-15-50(A). For purposes of this section, "costs incurred" means those monies spent or revenue foregone for habitat management or construction and maintenance, but does not include revenue foregone as increases in land values or speculative costs related to development.

(B) All costs must be incurred on land that has been designated as a certified management area for endangered species enumerated in § 50-15-30 or for nongame and wildlife species determined to be in need management under § 50-15-20.

Terms Used In South Carolina Code 12-6-3520

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Taxpayer: includes an individual, trust, estate, partnership, association, company, corporation, or any other entity subject to the tax imposed by this chapter or required to file a return. See South Carolina Code 12-6-30

(C) The tax credit allowed by this section must be claimed in the year that the costs, as provided in subsection (B), are incurred. This credit taken in one year may not exceed fifty percent of the taxpayer’s income tax liability due pursuant to § 12-6-510 or 12-6-530 for that year. If the amount of the credit exceeds the taxpayer’s income tax liability for that taxable year, the taxpayer may carry forward the excess for up to ten years.

(D) If the landowner voluntarily chooses to leave the agreement made concerning the certified areas during any taxable year after taking the tax credit, then the taxpayer’s tax liability for the current taxable year must be increased by the full amount of any credit claimed in previous years with respect to the property.