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Agricultural Use Value refers to the appraised value assigned to those
acreage tracts of land that qualified based on bona fide agricultural
use of the property.
What are the Requirements for Agricultural Real
Property?
(12-43-232)
1
(a). If the tract is used to grow timber, the tract must be five acres
or more. Tracts of timberland of less than five acres which are contiguous
to or are under the same management system as a tract of timberland
which meets the minimum acreage requirement are treated as part of the
qualifying tract. Tracts of timberland of less than five acres are eligible
to be agricultural real property when they are owned in combination
with other tracts of nontimberland agricultural real property that qualify
as agricultural real property. For the purposes of this item, tracts
of timberland must be devoted actively to growing trees for commercial
use.
2) For tracts not used to grow timber as provided in item (1) of this
section, the tract must be ten acres or more. Non timberland tracts
of less than ten acres which are contiguous to other such tracts which,
when added together, meet the minimum acreage requirements, are treated
as a qualifying tract. For purposes of this item (2) only, contiguous
tracts include tracts with identical owners of record separated by a
dedicated highway, street, or road or separated by any other public
way.
3 (a) Nontimberland tracts not meeting the acreage requirement of item
(2) qualify as agricultural real property if the person making the application
required pursuant to Section 1 2-43-220(d) (3) earned at least one thousand
dollars of gross farm income for at least three of the five taxable
years preceding the year of the application. The assessor may require
the applicant (e) to give written authorization consistent with privacy
laws allowing the assessor to verify farm income from the Department
of Revenue or the Internal Revenue Service and (ii) to provide the Agriculture
Stabilization and Conservation Service (ASCS) farm identification number
of the tract and allow verification with the ASCS Once.
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What
are the Qualification Requirements for Agricultural Use Value?
Agricultural real property which is actually used for such purposes shall
be taxed on an assessment equal to:
(A) Four percent of its fair market value for such agricultural purposes
for owners or lessees who are individuals or partnerships and certain
corporations which do not:
(i) have more than ten shareholders
(ii) have as a shareholder a person (other than an estate) who is not
an individual
(iii)have a nonresident alien as a shareholder
(iv) have more than one class of stock
(B) Six percent
of its fair market value for such agricultural purposes for owners or
lessees who are corporations, except for certain corporations specified
in (A) above. (South Carolina Code 12-43-220(d)(1)).
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When
to File for Agricultural Use Value?
See "When to File for Legal Residence
and/or Agricultural Use Value" explanation under the "Legal
Residence" section of this documentation.
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When
do Roll-Back Taxes apply to Agricultural Use?
When real property which is in agricultural use and is being valued, assessed,
and taxed under the provisions of this article, is applied to another
use other than agricultural, it shall be subject to additional taxes,
hereinafter referred to as roll-back taxes, in the amount equal to the
difference, if any, between the taxes payable on the basis of the agricultural
use valuation and assessment, and the taxes that would have been paid
had the property been taxed at the market value appraisal and 6% assessment
ratio. The roll-back can be applied to the property for the current tax
year (the year of change in use) and each of the five tax years immediately
preceding the year of change in use. (South Carolina Code 12-43-220(d)(4)).
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