Form Sc - South Carolina Credit For A Gift Of Land For Conservation Or A Qualified Conservation Contribution Of Real Property After May 31, 2001 Page 2


See S.C. Revenue Procedure # 08-1 on our website for information on how to request from the
Department of Revenue approval of a transfer, devise, or distribution of the conservation tax credit allowed under Section
Note: If filing a paper return attach to your Income Tax Return. If filing electronically, keep a copy with your tax records.
Donative Intent
Pursuant to SC Code Section 12-6-3515(B)(1)(c), no credit is allowed unless the contribution meets the requirements of
IRC Section 170 and SC Code Section 12-6-5590. Property used for or associated with the playing of golf, or is planned
to be so used or associated, is not eligible for the credits allowed by this section.
Pursuant to SC Code Section 12-6-5590, no credit is allowed for a contribution unless the donor has the donative intent
required by IRC Section 170 and the regulations and cases interpreting Section 170.
No credit is allowed for any noncash charitable contribution in the claimed amount of $100,000.00 or more unless the
donor has the requisite donative intent required by this section.
The requisite donative intent includes the requirement that the donor be motivated by detached and disinterested
generosity benefiting a charitable purpose rather than expected economic benefit.
A noncash charitable contribution by a donor given to comply with any state or federal environmental or other regulatory
requirement; for the purpose of obtaining road, water, or sewer services; or in conjunction with obtaining a grant,
subdivision, building, zoning, environmental, mitigation, or similar permit or approval from any government, is deemed not
to have the requisite donative intent absent extraordinary circumstances.
The department will examine the substance, rather than merely the form, of the contribution and related and surrounding
transactions, and may use the step transaction, economic reality, quid pro quo, personal benefit, and other judicially
developed doctrines in determining whether the requisite donative intent is present.
Forestry and Silvacultural Practices
Notwithstanding the provisions of IRC Section 170(h) and applicable regulations pertaining to forestry and silvaculture
practices, you are not disqualified for the tax credit allowed in this section because of silvaculture and forestry permitted
or undertaken pursuant to a conservation contribution on a real property interest if:
(a) the forestry and silvaculture practices permitted by or undertaken pursuant to the conservation contribution conform to
Best Management Practices established by the South Carolina Forestry Commission existing either at the time the
conservation contribution is made, or at the time a particular forestry or silvacultural practice is undertaken;
(b) the conservation contribution on a real property interest in all other respects conforms to the requirements of IRC
Section 170(h) and applicable regulations for a "qualified conservation contribution" of a "qualified real property interest"
(c) you provide the Department of Revenue with the information it considers necessary to determine that you would
otherwise be eligible for the deduction allowed under Section 170(h).
The amount of the credit is twenty-five (25%) percent of the contribution that would have qualified but for the silvacultural
and forestry activities performed on the real property interest, subject to the conditions and limitations as the credit allows
in this section.
Attribution Rules
IRC Section 267 attribution rules apply in computing per acre and per taxpayer limitation.
Social Security Privacy Act Disclosure
It is mandatory that you provide your social security number on this tax form if you are an individual taking this credit.
42 U.S.C
405(c)(2)(C)(i) permits a state to use an individual's social security number as means of identification in administration of any tax. SC
Regulation 117-201 mandates that any person required to make a return to the SC Department of Revenue shall provide identifying numbers,
as prescribed, for securing proper identification. Your social security number is used for identification purposes.
The Family Privacy Protection Act
Under the Family Privacy Protection Act, the collection of personal information from citizens by the Department of Revenue is limited to the
information necessary for the Department to fulfill its statutory duties. In most instances, once this information is collected by the Department,
it is protected by law from public disclosure. In those situations where public disclosure is not prohibited, the Family Privacy Protection Act
prevents such information from being used by third parties for commercial solicitation purposes.


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