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SC SC Information Letter #11-17 2011-10-17

What is South Carolina's latest statewide per capita income figure used for tax incentives (per SC IL #11-17)?

Short answer: $32,460. SC Information Letter #11-17 publishes the updated statewide per capita personal income figure for South Carolina — $32,460 — which the Department uses to test qualification for various South Carolina income, sales and use, and property tax incentives that tie eligibility (or the amount of the incentive) to a state per capita income threshold. This letter updates the state figure only; the Department publishes the state per capita income figure twice a year and the county figures once a year, releasing each when it receives the figures from the South Carolina Board of Economic Advisors.

Apply this to your situation

This page answers the general question as of 2011. Ezel answers yours, under current South Carolina tax law, with citations.

Currency note: this ruling is from 2011
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an official South Carolina Department of Revenue Information Letter. Per the Department, an Information Letter announces general information useful in complying with the laws administered by the Department and has NO precedential value. This state per capita income figure is the most recent one available as of October 2011 and is updated periodically — use the figure in effect for your incentive period. This summary is informational only and is not legal or tax advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

South Carolina's most recently available statewide per capita personal income figure is $32,460. SC Information Letter #11-17 publishes this state figure, which the Department uses to test qualification for various South Carolina tax incentives — job tax credits, the corporate headquarters credit, the job development credit, alternate apportionment, and certain sales and use and property tax provisions — that tie eligibility (or the size of the benefit) to a per capita income threshold.

This letter updates the state figure only. The Department publishes the state per capita income figure twice a year and the county figures once a year, releasing each when it receives the figures from the South Carolina Board of Economic Advisors.

What this means for you

If you are claiming or planning a South Carolina incentive whose qualification depends on the state per capita income test — such as the corporate headquarters credit — use the $32,460 figure for the relevant period. Because the number changes during the year, confirm you are using the edition in effect when your jobs or investment are measured. For incentives measured against a county figure, use the Department's separate county per capita income letter.

Common questions

Q: What is South Carolina's state per capita income figure in this letter?
A: $32,460 — the most recently available state figure as of this October 2011 letter.

Q: Does this letter include county figures?
A: No. This edition updates the state figure only; county figures are published separately, generally once a year.

Q: How often does the state figure change?
A: About twice a year, when the Department receives updated figures from the South Carolina Board of Economic Advisors.

Subject

Per Capita Income Figures for State of South Carolina

Source

Original ruling text

State of South Carolina

Department of Revenue
301 Gervais Street, P. O. Box 12265, Columbia, South Carolina 29211
Website Address: http://www.sctax.org

SC INFORMATION LETTER #11-17

SUBJECT:

Per Capita Income Figures for State of South Carolina

DATE:

October 17, 2011

SUPERSEDES: All previous documents and any oral directives in conflict herewith.
REFERENCE:

S. C. Code Section 12-6-3360 (2000, Supp. 2010)
S. C. Code Section 12-6-3410 (2000, Supp. 2010)
S. C. Code Chapter 15, Title 12 (Supp. 2010)
S. C. Code Section 12-36-2120(65) (2000, Supp. 2010)
S. C. Code Section 12-37-930 (2000, Supp. 2010)
S. C. Code Section 12-6-2320 (2000, Supp. 2010)
S. C. Code Section 12-10-80 (2000, Supp. 2010)

AUTHORITY:

S. C. Code Ann. Section 12-4-320 (2000)
S.C. Code Ann. Section 1-23-10(4) (2005)
SC Revenue Procedure #09-3

SCOPE:

An Information Letter is a written statement issued to the public to
announce general information useful in complying with the laws
administered by the Department. An Information Letter has no
precedential value.

In recent years, a number of income, sales and use, and property tax incentives have been
added that require jobs associated with the incentive to meet certain state or county per
capita personal income (herein referred to as “per capita income”) requirements to
determine qualification for, or the amount of, the particular incentive. In order to aid
taxpayers in determining whether the per capita income requirements of an incentive are
met, the Department publishes the county and state per capita income amounts each year.
Generally, the information concerning state per capita income is updated twice a year,
usually in May and October. The information concerning per capita income for South
Carolina’s counties is updated once a year, usually in May. The Department publishes both
the county and state figures when it receives the figures from the South Carolina Board of
Economic Advisors. The most recently available state per capita income figure is:
State of South Carolina $32,460
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Among the incentives that use state per capita income are the following:
Personal Property Corporate Headquarters Credit in Code Section 12-6-3410 - The
personal property headquarters credit contained in Code Section 12-6-3410 is available
to a taxpayer that: (1) meets all the requirements necessary to claim the real property
headquarters credit, (2) meets other statutory requirements as to the personal property
that is used at the headquarters; and (3) creates at least 75 new full-time headquarters or
research and development type jobs at the headquarters and those jobs have an average
cash compensation level of more than twice the per capita income of the State.
“Qualifying Service-Related Facility” Definition in Code Section 12-6-3360 - Code
Section 12-6-3360 allows a job tax credit for taxpayers that create new full-time jobs at
a qualifying new facility or an expansion of an existing qualifying facility. One of the
qualifying facilities is a “qualifying service-related facility.” A “qualifying servicerelated facility” includes a business, other than a business engaged in legal, accounting,
banking or investment services or retail sales, having a net increase at a single location
of at least:
(1) two hundred fifty jobs;
(2) one hundred twenty-five jobs that have an average cash compensation level of
more than one and one-half times the state per capita income or the per capita
income in the county where the jobs are located, whichever is lower;
(3) seventy-five jobs that have an average cash compensation level of more than
twice the state per capita income or the per capita income in the county where the
jobs are located, whichever is lower; or
(4) thirty jobs that have an average cash compensation level of more than two and
one-half times the state per capita income or the per capita income in the county
where the jobs are located, whichever is lower.
Small Business Job Tax Credit in Code Section 12-6-3360 - Code Section 12-63360(C)(2) provides that small businesses with 99 or fewer employees that increase
employment by two or more new full-time jobs may be eligible for the job tax credit.
The amount of the credit depends in part on whether the gross wages of the new fulltime job amounts to a minimum of 120% of the county’s or state’s average per capita
income, whichever is lower.
Job Development Credit Qualifying Expenditures under Code Section 12-10-80 Employee relocation expenses for employees with gross wages equal to twice the per
capita income of the state or county in which the project is located, whichever is lower,
can qualify as eligible expenditures for reimbursement from job development credits.

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Sales and Use Tax Exemption for Computer Equipment for Technology Intensive
Facilities in Code Section 12-36-2120(65) – A sales and use tax exemption is available
for computer equipment used in connection with a technology intensive facility if the
taxpayer meets certain investment requirements and creates at least 100 jobs at the
facility over a five year period and those jobs have an average cash compensation of at
least 150% of the state per capita income.
Special Benefits for Life Sciences Facilities and Renewable Energy Manufacturing
Facilities in Chapter 15, Title 12 and Code Section 12-37-930 – A business may
qualify for special incentives if its facility qualifies as a life sciences facility or a
renewable energy manufacturing facility. For certain incentives, the business must
invest $100 million in a project and create 200 new jobs at the project with an average
cash compensation of at least 150% of the annual per capita income in the state or
county in which the facility is located, whichever is less.
Special Allocation and Apportionment Incentives under Code Section 12-6-2320 –
Several of the special allocation an apportionment provisions contained in Code Section
12-6-2320(B) (which allows a taxpayer meeting certain requirements to use a special
method of allocating and apportioning its income) require that certain per capita income
requirements be met.
Each of these incentives has special rules on how to determine whether the per capita
income requirements of each particular incentive have been met. Therefore, the appropriate
statutes should be consulted to determine whether the per capita income requirements of the
particular statute are met as well as to assure that all other requirements of the statute have
been met.

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