South Carolina
SC · state · 17 cited facts
| Category | Provision | Value | Source |
|---|---|---|---|
| trust-nexus | Incomplete-gift nongrantor trust / ING (income tax reach) | ESCAPES: a NV-administered ING is a nonresident trust; retained portfolio gain is not SC real property, SC business income, or an intangible employed in an SC trade, so nothing reaches it. PERMANENT, not deferral: no throwback statute, and the retained gain is corpus gain outside DNI (IRC 643(a)(3)), so it never carries out to the settlor on a later distribution. Ongoing income on the reinvested proceeds IS taxable to a resident beneficiary when distributed | sources (3)S.C. Code Sec. 12-6-30(5) (resident trust: administered in the state); 12-6-1720 (nonresident source rules) · high confidence · as of 2026-07-13 · TY 2026 South Carolina trust residency is administration-only; nonresident trusts are taxed on SC-source income only 'Resident trust' means a trust administered in this State. 'Nonresident trust' is a trust other than a resident trust.https://www.scstatehouse.gov/code/t12c006.php IRC §643(a)(3) · high confidence · as of 2026-07-13 · TY 2026 IRC §643(a)(3): capital gain allocated to corpus is excluded from distributable net income Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c). Note: This is the rule that makes an ING's escape PERMANENT rather than deferral. Income reaches a beneficiary only through DNI (IRC 652/662); a retained corpus gain is outside DNI, so a later distribution of it is principal, not income, and never enters the beneficiary's federal taxable income. Every escape state starts from the federal number, so it never enters the state base either. Conditional on the gain ACTUALLY being allocated to corpus and not distributed in the year realized: a gain routed to fiduciary accounting income, or distributed in the sale year, is in DNI and is taxable to the resident beneficiary. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section643&num=0&edition=prelimIRC §665(c) · high confidence · as of 2026-07-13 · TY 2026 IRC §665(c): the accumulation-distribution (throwback) rules do not reach a qualified domestic trust (1) In general In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income. (2) Qualified trust For purposes of this subsection, the term 'qualified trust' means any trust other than- (A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or (B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust. Note: A modern NV/DE ING is a 'qualified trust', so the federal accumulation-distribution regime is computed without regard to undistributed net income: it is empty. States whose only accumulation rule piggybacks IRC 665-668 (OR OAR 150-316-0575, IA, KS, SC) therefore recapture nothing. Only a state with its OWN throwback keyed to income untaxed by any state can claw the gain back, and of the verified escape states only Utah has one (59-10-114(1)(g)). https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section665&num=0&edition=prelim |
| estate-none | Estate and inheritance tax | None | sources (1)South Carolina Department of Revenue, Estate Tax page · high confidence · as of 2026-07-02 · TY 2025 SC has no estate tax for decedents dying on or after Jan 1, 2005 South Carolina has no Estate Tax for decedents dying on or after January 1, 2005. Note: Statute backup: S.C. Code Title 12 Chapter 16 (pickup tied to the now-zero federal credit). https://dor.sc.gov/tax/estate |
| rate | Top income tax rate (through TY2025) | 0% / 3% / 6% graduated (6% above ~$17,830; mid-year acceleration from 6.2%) | sources (1)S.C. Code §12-6-510 · high confidence · as of 2026-06-22 · TY 2025 South Carolina top income tax rate is 6% for TY2025 (annual rate-reduction schedule) For taxable years beginning after 2021, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts at the rates provided in this subsection; 6% times the amount minus $577 (for the top bracket). Note: S.C. Code §12-6-510(B)(1) imposes the tax at graduated rates per the subsection. The 6% rate is the result of the annual reduction schedule enacted in Act 532 (2022): 7% (2021) to 6.5% (2022) to 6.4% (2023) to 6.2% (2024) to 6.0% (2025). Verbatim quote verified against scstatehouse.gov S.C. Code Title 12 Chapter 6. https://www.scstatehouse.gov/code/t12c006.php |
| rate | Top income tax rate (TY2026, Act 110 restructure) | Two brackets: 1.99% under $30,000; 5.21% at $30,000 and above, minus $966 (H.4216 / Act 110) | sources (1)SC DOR, Information About H. 4216 (Act 110, 2026) · medium confidence · as of 2026-07-03 · TY 2026 South Carolina TY2026: 1.99% under $30,000; 5.21% at $30,000 and above, minus $966 The tax rate for income less than $30,000 is 1.99%. The tax rate for income from $30,000 and above is 5.21%, minus $966. Note: H. 4216 does not impact 2025 income tax returns (per the same DOR page). Further rate cuts are trigger-based, capped at $200 million of revenue impact per step. https://dor.sc.gov/news/information-about-h-4216 |
| character | Net capital gain deduction | 44% of IRC §1222 net capital gain; effective LT rate = 56% of the top rate (≈ 3.36% at 6% TY2025; ≈ 2.92% at 5.21% TY2026) | sources (1)S.C. Code §12-6-1150; 2025 SC1040 Instructions · high confidence · as of 2026-07-20 · TY 2025 South Carolina allows a 44% deduction of net capital gain (IRC §1222-defined) from taxable income Individuals, estates, and trusts are allowed a deduction from South Carolina taxable income equal to forty-four percent of net capital gain recognized in this State during a taxable year. Note: The deduction is on the IRC §1222 post-netting net capital gain. ST losses erode the base equally (rule ties). Effective top rate on LT gains: 6% × (1 − 0.44) = 3.36%. Tables revised 6/17/2025 for mid-year rate cut to 6%; TF showed stale 6.2%. Base = federal taxable income; SC conformity year-locked at 12/31/2024. https://www.scstatehouse.gov/code/t12c006.php |
| conformity | Loss carryforward | Conforms to IRC §1212 indefinite federal carryforward applies; rule ties for all-LT estimand | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| muni-instate | In-state muni bond interest | Exempt: S.C. Code §12-6-1120 applies the IRC §103 exclusion to SC obligations | sources (1)S.C. Code §12-6-1120 · high confidence · as of 2026-06-18 · TY 2025 SC exempts SC-issued bonds; out-of-state muni bond interest is taxable per S.C. Code §12-6-1120 The exclusion from gross income authorized by Internal Revenue Code Section 103 (Interest on State and Local Bonds) applies only to obligations of South Carolina and its political subdivisions. Note: §12-6-1120 explicitly limits the §103 exclusion to South Carolina bonds only. Out-of-state bonds receive no exclusion and are taxable. https://www.scstatehouse.gov/code/t12c006.php |
| muni-outstate | Out-of-state muni bond interest | Taxable: S.C. Code §12-6-1120 limits the §103 exclusion to SC bonds only; out-of-state muni interest is taxable | sources (1)S.C. Code §12-6-1120 · high confidence · as of 2026-06-18 · TY 2025 SC exempts SC-issued bonds; out-of-state muni bond interest is taxable per S.C. Code §12-6-1120 The exclusion from gross income authorized by Internal Revenue Code Section 103 (Interest on State and Local Bonds) applies only to obligations of South Carolina and its political subdivisions. Note: §12-6-1120 explicitly limits the §103 exclusion to South Carolina bonds only. Out-of-state bonds receive no exclusion and are taxable. https://www.scstatehouse.gov/code/t12c006.php |
| qoz-conformity | QOZ conformity (IRC §1400Z-2) | Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via fixed-date IRC conformity (12/31/2024); §1400Z-2 predates the cutoff | sources (1)S.C. Code Ann. §12-6-40(A); §12-6-50 · high confidence · as of 2026-07-02 · TY 2025 South Carolina conforms to IRC §1400Z-2 QOZ gain deferral and exclusion (A)(1)(a) Except as otherwise provided, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through December 31, 2024, and includes the effective date provisions contained in it. Note: Quote is SECTION 12-6-40. South Carolina uses FIXED-DATE (not rolling) IRC conformity: §12-6-40(A) adopts the IRC as amended through December 31, 2024 (2025 Act 63). IRC §1400Z-2 (2017 TCJA) predates that cutoff and is not among the sections South Carolina declines to adopt under §12-6-50, so QOZ deferral/exclusion flows through for TY2025. Note: SC does not yet conform to the OBBBA (July 2025) QOZ amendments, which postdate the 12/31/2024 cutoff. https://www.scstatehouse.gov/code/t12c006.php |
| qsbs-conformity | QSBS conformity (IRC §1202) | Conforms to IRC §1202 QSBS gain exclusion via fixed-date IRC conformity (12/31/2024); no addback | sources (1)S.C. Code Ann. §12-6-40(A)(1)(a) · high confidence · as of 2026-07-02 · TY 2025 South Carolina conforms to IRC §1202 QSBS gain exclusion (A)(1)(a) Except as otherwise provided, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended through December 31, 2024, and includes the effective date provisions contained in it. Note: Quote is SECTION 12-6-40. South Carolina §12-6-40(A) adopts the IRC as amended through December 31, 2024 (2025 Act 63), a FIXED date. IRC §1202 predates that cutoff and is not in the §12-6-50 non-adoption list, so the QSBS exclusion flows through with no addback for TY2025. Note: the OBBBA (July 2025) §1202 enhancements postdate the cutoff and do not yet apply. https://www.scstatehouse.gov/code/t12c006.php |
| agency-obligations | GSE bond interest (FNMA/FHLMC) | Taxable: SC DOR FAQ (citing Revenue Ruling #16-2) explicitly lists FNMA and FHLMC interest as taxable for South Carolina income tax purposes | sources (1)SC Department of Revenue Individual Income Tax FAQ, citing SC Revenue Ruling #16-2 · high confidence · as of 2026-06-22 · TY 2025 SC DOR FAQ (citing Revenue Ruling #16-2) explicitly lists FNMA and FHLMC interest as taxable for South Carolina purposes Interest income from the following obligations is taxable for state purposes: Federal Home Loan Mortgage Corporation (Freddie Mac), Federal National Mortgage Association (Fannie Mae), and Government National Mortgage Association (Ginnie Mae). Note: SC DOR FAQ cites SC Revenue Ruling #16-2 by name. FHLB appears separately as exempt (federal mandate under 12 U.S.C. §1433). FNMA, FHLMC, and GNMA have no federal bondholder exemption statute and are explicitly listed as taxable. https://dor.sc.gov/tax/individual-income/faq |
| dividend-qualified | Qualified dividend income | Ordinary rate: S.C. Code §12-6-1150 deduction is keyed to IRC §1222 'net capital gain' (gains from sale or exchange); dividend income is excluded by definition and taxed at ordinary rates | sources (1)S.C. Code §12-6-510 · high confidence · as of 2026-06-22 · TY 2025 South Carolina top income tax rate is 6% for TY2025 (annual rate-reduction schedule) For taxable years beginning after 2021, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts at the rates provided in this subsection; 6% times the amount minus $577 (for the top bracket). Note: S.C. Code §12-6-510(B)(1) imposes the tax at graduated rates per the subsection. The 6% rate is the result of the annual reduction schedule enacted in Act 532 (2022): 7% (2021) to 6.5% (2022) to 6.4% (2023) to 6.2% (2024) to 6.0% (2025). Verbatim quote verified against scstatehouse.gov S.C. Code Title 12 Chapter 6. https://www.scstatehouse.gov/code/t12c006.php |
| treasury | U.S. Treasury interest | Exempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds) | sources (1)31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025 U.S. Treasury interest exempt from South Carolina income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax. Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124 |
| fhlb-ffcb | FHLB and FFCB bond interest | Exempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities | sources (2)12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025 FHLB and FFCB bond interest exempt from South Carolina income tax: federal enabling statutes mandate state tax exemption Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority. Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025 Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124). Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim |
| carryback | Capital loss carryback | None: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years | sources (1)IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025 IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year. Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim |
| filing-status-identical | Same bracket schedule for all filing statuses | Yes: S.C. Code §12-6-510(B)(1) imposes tax on individuals at one rate schedule; same thresholds for Single and MFJ, creating the maximum marriage penalty on a joint return vs. two singles | sources (1)S.C. Code §12-6-510(B)(1) · high confidence · as of 2026-07-22 · TY 2025 South Carolina income tax: one rate schedule for all individuals (same schedule all filing statuses; no MFJ doubles) Notwithstanding subsection (A), for taxable years beginning after 2021, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts and any other entity except those taxed or exempted from taxation under Sections 12-6-530 through 12-6-550 computed at the following rates with the income brackets indexed in accordance with Section 12-6-520: Note: S.C. Code §12-6-510 provides one graduated schedule for all filing statuses; no separate MFJ bracket table. Maximum marriage penalty on a joint return vs. two singles filing separately. https://www.scstatehouse.gov/code/t12c006.php |
| migration-loss-conformity | Migration loss carryforward conformity | Full conform (structural inference): South Carolina computes its income tax from the federal base, so an imported federal section 1212 capital-loss carryforward flows through to offset post-residency gains; no published guidance addresses the imported pre-residency carryforward. | sources (1)S.C. Code §12-6-510 · medium confidence · as of 2026-07-03 · TY 2025 South Carolina conforms to the federal capital-loss base; treatment of an imported pre-residency section 1212 carryforward is a structural inference A resident individual's South Carolina gross income, adjusted gross income, and taxable income is computed as determined under the Internal Revenue Code with the modifications provided in Article 9 of this chapter and subject to allocation and apportionment as provided in Article 17 of this chapter. Note: S.C. Code §12-6-560 computes a resident individual's taxable income as determined under the Internal Revenue Code, so the federal Section 1212 capital-loss carryover flows through. No published guidance addresses a carryforward imported from a pre-residency year; that application remains a structural inference. https://www.scstatehouse.gov/code/t12c006.php |