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Form 706 for South Carolina: What You Should Know

Application to nonresident spouses; exceptions; applicability of this chapter. This chapter does not apply when the decedent: was married to a nonresident; resided in another municipality; resided in this State outside the State of South Carolina  except in the case of an absent nonresident's death where a funeral service is ordered by the County Funeral Director in this State where the  decedent was a nonresident at the time of death, resided outside this State for an aggregate period in excess of 60 months during the  prior calendar year when the decedent was a nonresident of this State, or died in another municipality and there was a foreign  fiduciary, and the nonresident fiduciary was not resident in this State at the time of death. The law governing nonresident spouses as provided in Section 16-6-110(6) applies to the provisions of this chapter. HISTORY: 1987 Act No. 70, Section 2. Note to Article 16, Section 16-6-110(6): Prior to the effective date of this amendatory Act of 1991, section 16-6-110(6) provided in full for this section, but only to the extent of excluding from its application the provisions of the South Carolina law on the application of state income taxes on foreign-source income of foreign spouses. Article 16. Estate Tax; Deferred Payment of Taxes; Death Benefit Benefits Notwithstanding the provisions contained in Article 16, Section 6-8-20 of this chapter(and, if any, Article 16, Section 6-8-90 of this chapter), no taxes are due on the death of any person who is a resident or nonresident of this State and who was  at the time of death resident and nonresident in this State and who was entitled to the benefits of (a) Section 15-24-20, or (b) Section 15-24-21, or (c) Section 31-20-240(C) while resident and not resident in this State, and who has been an invalid beneficiary of a deceased estate for two years of the decedent's taxable life.  South Carolina Code of Laws Annotated South Carolina has a State Death Benefit policy (SBC) that provides a tax-free benefit of up to 5,000 against state estate and inheritance taxes if a South Carolina resident dies without a will on or after January 1, 2012.

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