S.323 would allow the Department of Revenue (DOR) to get bank account information of tax debtors from the banks, rather than requiring DOR to get it from the debtor. Current law already allows the DOR to put a lien on assets to confiscate what is needed to settle the tax debt (through a warrant of distraint), but in order to do that, DOR must get account information from the debtor. This bill would require DOR wait until the tax debt assessment is 180 days old and a warrant of distraint has already been issued on the tax debtor, but at that point, if the debtor is not supplying account information, DOR could contact the banks in order to find the debtor’s assets. This would allow DOR to find the funds that it already has authorization to take.

By South Carolina Policy Council

Since 1986 the South Carolina Policy Council Education Foundation has advocated innovative policy ideas that advance the principles of limited government and free enterprise. The Policy Council is the state’s meeting place for business leaders, policymakers, and academics – as well as engaged citizens – who want to see South Carolina become the most free state in the nation. For questions or comments on the articles on this website, please email Research Director Jamie Murguia.