Swapping a higher sales tax for nearly $600 million in property taxes marks a
significant shifting of the tax burden in South Carolina, but it will be up to
the state's voters to decide whether to constitutionally alter the way real
property is assessed.
In a referendum this November, voters will consider whether to amend the
state constitution in order to cap at 15 percent the amount a property's taxable
value can increase every five years.
Properties that are sold would be taxed at full value at that time, and
assessments also would increase to reflect improvements. Such a system would
limit tax increases on properties that have quickly appreciated in value, while
shifting some of the tax burden onto properties whose values have lagged behind
and properties recently sold.
The state Board of Economic Advisors estimates that if voters approve the
change, it would have no affect on taxes in 2007, but would redistribute $372
million in property taxes during the following five years.
Of that amount, $244 million would be shifted to properties reassessed
because they were sold, and the remaining $128 million would be shifted to other
classes of property, as local governments raise tax rates to compensate for
having less property value to tax.
This should seem familiar to South Carolinians, and particularly residents of
Charleston County, which in 2000 put a 15 percent assessment cap in place for
owner-occupied homes, only to see the South Carolina Supreme Court strike it
down because it applied to a particular class of property.
The court later ruled against another Charleston County assessment cap plan
that would have applied to all property, following a challenge by North
Charleston, with the court saying the cap was invalid because it did not apply
statewide.
A 2004 attempt to pass a statewide 20 percent cap was derided by business
groups, including the S.C. Chamber of Commerce, whose president called it "a
reverse Robin Hood" plan that would raise taxes for businesses and people with
lower incomes in order to "subsidize people living on the beach."
Assessment cap supporters argue that property owners shouldn't be subjected
to huge tax increases just because the house they live in would be worth
considerably more than they paid for it, were they to sell.
The 20 percent cap plan was approved in 2004 by the General Assembly but
vetoed by Gov. Mark Sanford, who believed it was unconstitutional and would hurt
school districts.
Now, voters will be asked to amend the state constitution so that an
assessment cap can be enacted statewide.
"I'd be stunned if that didn't pass," said House Majority Leader Jim Merrill,
R-Charleston and Berkeley.
The yes-or-no ballot question will read: "Must Article III and Article X of
the Constitution of this State be amended to authorize the General Assembly to
establish the method of valuation for real property based on limits to increases
in taxable value, adjusted for improvements and losses, of no more than fifteen
percent over a five-year period, unless an assessable transfer of interest
occurs; to provide that for purposes of calculating the limit on bonded
indebtedness of political subdivisions and school districts, the assessed values
of all taxable property within a political subdivision or school district shall
not be lower than the assessed values for 2006; and to provide that the General
Assembly, by general law and not through local legislation pertaining to a
single county or other political subdivision, shall provide for the terms,
conditions, and procedures to implement the above provisions?"