South Carolina Code 12-6-5030. Composite returns for partnership or “S” corporation
(B)(1) A composite return is a single return for two or more taxpayers having the same tax year in which each participant’s share of the partnerships or "S" Corporation’s tax is computed separately and added together to arrive at the total tax due on the composite return. The partnership or "S" Corporation may elect to determine each participant’s tax due by one of the following methods:
Terms Used In South Carolina Code 12-6-5030
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Business: includes trade, profession, occupation, or employment. See South Carolina Code 12-6-30
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- individual: means a human being. See South Carolina Code 12-2-20
- partnership: includes a limited liability company taxed for South Carolina income tax purposes as a partnership;
(2) "partner" includes a member of a limited liability company taxed for South Carolina income tax purposes as a partnership;
(3) "corporation" includes a limited liability company or professional or other association taxed for South Carolina income tax purposes as a corporation; and
(4) "shareholder" includes a member of a limited liability company taxed for South Carolina income tax purposes as a corporation. See South Carolina Code 12-2-25 - Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(a) for a participant who provides an affidavit to the department through the entity stating that he has no income other than the income from the entity:
(i) compute the participant’s South Carolina income tax using the pro rata share of the standard deduction or itemized deductions and personal exemptions for each participant pursuant to § 12-6-1720(2) in the same manner as if it were being separately reported; or
(ii) compute the participant’s South Carolina income tax without regard to any deductions or exemptions in the same manner as if it were being separately reported; or
(b) for a participant who does not provide an affidavit to the department through the entity stating that he has no income other than the income from the entity, compute each participant’s share of South Carolina income tax without regard to deductions or exemptions by using the active trade or business income rate provided in § 12-6-545 on his active trade or business income, and using the highest marginal rate in § 12-6-510 for other income.
(2) The composite return is signed by an authorized partner, an authorized officer of the "S" Corporation, or an authorized member of a limited liability company taxed as a partnership or "S" Corporation.
(C)(1) A composite return may be filed even if some of the nonresident fiduciary and individual shareholders and partners eligible to participate in filing a composite return choose not to participate. Corporate taxpayers may not participate in a composite return.
(2) A nonresident participating in the composite return that has South Carolina income from sources other than the entity filing the composite return is required to file appropriate returns and make payment of all South Carolina taxes required by law. Taxes paid for the nonresident with the composite return shall reduce taxes due at the time the nonresident subject to this subitem files a separate return for the tax year reporting South Carolina income from all sources. The entity shall furnish to each nonresident a written statement as required by § 12-8-1540(A) as proof of the amount that has been paid by the partnership or "S" corporation as estimated payments for the nonresident and the amount paid for the nonresident with the composite return.
(D) The department may establish procedures or rules and promulgate regulations necessary to carry out the provisions of this section.