S.C. has tighter
laws on agricultural tax exemptions
AMY GEIER
EDGAR Associated
Press
COLUMBIA, S.C. - The sprawling Coastal Grand
Myrtle Beach mall, which currently has 1 million square feet of
retail space, certainly can't be confused with farmland.
But it was just two years ago that the land where the $200
million mall sits fell under the state's agricultural tax exemption,
said Horry County Tax Assessor Rendel Mincey.
The property, which is owned by Myrtle Beach developer Burroughs
& Chapin, qualified for the tax break from at least 1987 until
2002, Mincey said.
The company paid $380.97 a year in taxes on the land when it was
still classified as timberland. When it was developed, the company
paid $529,982.12 in rollback taxes to the county, Mincey said. That
means a savings of more than $100,000 a year for at least 10
years.
Burroughs & Chapin is developing the mall with CBL &
Associates. It opened last month. When it goes on the tax rolls Jan.
1, 2005, the county will receive significantly more from taxes than
a few hundred dollars, Mincey said.
Developers can use a law in South Carolina - like other states
across the country - to save money on property taxes by classifying
land as farmland. But unlike other states, South Carolina made
changes a decade ago to tighten requirements and prevent counties
from losing out on tax collections.
South Carolina has no specific law providing a tax exemption for
farmland, but a law enacted in 1975 allows agricultural land to be
taxed at a different assessment rate.
Under the law, agricultural land can be taxed at an adjusted rate
as long as it remains in agricultural production and the taxpayer
applies for the special rate each year.
Beginning in the 1980s, county officials and farm lobbyists began
a push to tighten a loophole in the law. Lawmakers heard stories of
prime land around Columbia's Lake Murray being classified as farms
or timberland and owners saving thousands of dollars in property
taxes.
Lawmakers tightened up the code in the 1990s, requiring a minimum
of 10 acres for farms with crops and 5 acres for timberland, or
requiring the owner to show $1,000 of gross income from the property
for 3 of 5 years.
"Since that time, we haven't really heard any complaints," said
Gary Spires, state legislative coordinator for the South Carolina
Farm Bureau Federation.
Developers still are able to use the tax break on property they
own, but a landowner may be assessed for back taxes for up to five
years preceding the tax year when the property was valued and
assessed for nonagricultural use, according to Beth Crocker, an
attorney for the state Agriculture Department.
The size of the tax break varies based on the type of agriculture
production and use of the land, Crocker said.
Midlands developer Stewart Mungo said his company uses the tax
break on property it owns.
"All developers probably use it to some degree," said Mungo,
president of The Mungo Co. "It artificially lowers your tax
rate."
But Mungo said he thinks the state's tax code should be updated
to provide different categories for farmers and developers. "A piece
of land purchased specifically as an investment probably should be
another category," he said.
Although the state's agricultural tax break law has been
strengthened, farmland continues to disappear.
South Carolina ranks fourth among the states in conversion of
farmland to developed property, according to the state Agriculture
Department. Farmland accounted for 23 percent of all land in the
state in 1992; that was down from for 57 percent in 1954, according
to department statistics.
Still, about 460,000 jobs in the state are in the field of
agribusiness.
Dairy farmer Tom Trantham of Pelzer receives the break on his 95
acres of land, but says it's not enough to make or break him.
Farmers are being chased out of business because of low prices on
products and encroaching development, he said.
Trantham said he would like to see the state do more to help
farmers, including deleting property taxes for farmers provided that
at least 90 percent of their total income comes from the farm.
"We really need to take action on protecting our farms here in
South Carolina," Trantham
said. |