South Carolina Code 6-23-250. Projects and power as subject to taxation
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A project owned by a joint agency shall not be exempt from property taxes or other taxes if applied to the sale of energy; provided, however, that if all or any portion of the joint agency is declared exempt from property taxation then the joint agency shall, in lieu of property taxes, pay to any governmental body authorized to levy property taxes the amount which would be assessed as taxes on real and personal property of a project if such project were subject to valuation and assessment by the respective governmental body authorized to levy property taxes the amount which would be assessed as taxes on real and personal property of a project if such project were subject to valuation and assessment by the respective governmental body. Such payments in lieu of taxes shall be due and shall bear interest if unpaid, as are added to taxes on taxable property in the governmental body. Payments in lieu of taxes if made hereunder shall be treated in the same manner as taxes for purposes of all procedural and substantive provisions of law.
Power and energy sold by a joint agency shall be subject to taxes.
Terms Used In South Carolina Code 6-23-250
- Joint agency: means a public body and body corporate and politic organized pursuant to the provisions of this chapter. See South Carolina Code 6-23-20
- Personal property: All property that is not real property.
- Project: means a system or facilities for the generation, transmission, and transformation, not distribution, of electric power and energy by any means including, but not limited to, any one or more electric generating units situated at a particular site or any interest in any of them or any right to the output, capacity, use, or services of it. See South Carolina Code 6-23-20
Joint agencies are exempt from the tax imposed pursuant to § 12-23-10.