South Carolina Code 12-6-1170. Retirement income deduction from taxable income for individual; Section 12-6-1171 deduction
(2) The term "retirement income", as used in this subsection, means the total of all otherwise taxable income not subject to a penalty for premature distribution received by the taxpayer or the taxpayer’s surviving spouse in a taxable year from qualified retirement plans which include those plans defined in Internal Revenue Code Sections 401, 403, 408, and 457, and all public employee retirement plans of the federal, state, and local governments, including military retirement.
Terms Used In South Carolina Code 12-6-1170
- individual: means a human being. See South Carolina Code 12-2-20
- Resident individual: means an individual domiciled in this State. See South Carolina Code 12-6-30
- 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
(3) A surviving spouse receiving retirement income that is attributable to the deceased spouse shall apply this deduction in the same manner that the deduction applied to the deceased spouse. If the surviving spouse also has another retirement income, an additional retirement exclusion is allowed.
(4) The department may require the taxpayer to provide information necessary for proper administration of this subsection.
(B) Beginning for the taxable year during which a resident individual taxpayer attains the age of sixty-five years, the resident individual taxpayer is allowed a deduction from South Carolina taxable income received in an amount not to exceed fifteen thousand dollars reduced by any amount the taxpayer deducts pursuant to subsection (A) not including amounts deducted as a surviving spouse. If married taxpayers eligible for this deduction file a joint federal income tax return, then the maximum deduction allowed is fifteen thousand dollars in the case when only one spouse has attained the age of sixty-five years and thirty thousand dollars when both spouses have attained such age.
(C)(1) Notwithstanding any other provision of this section, if a taxpayer claims a deduction pursuant to § 12-6-1171, then the deduction allowed by this section must be reduced by the amount the taxpayer deducts pursuant to § 12-6-1171; however, this subsection does not apply if the deduction claimed pursuant to § 12-6-1171 is claimed by a surviving spouse.
(2) In the case of married taxpayers who file a joint federal income tax return, the reduction required by item (1) applies to each individual separately, so that the reduction only applies to the amount the individual claiming the deduction pursuant to § 12-6-1171 otherwise could have claimed pursuant to this section if the individual had not filed a joint return.