The deadline for filing the ATI Exemption Form for 6% assessment transactions which closed in the prior year is the end of January.
Q. Why does SCR send members this ATI form reminder every year when legally, the REALTOR® has nothing to do with filing this ATI form?
A. Because if the buyer fails to timely/properly file the ATI form in January, your buyer client will receive an expensive property tax bill next year without the statutory property tax discount.
Then your buyer is going to claim that this not properly discounted property tax bill is everyone’s fault (e.g., your fault) but it is not the buyer’s fault that the ATI form was not timely/properly filed.
Your institutional clients are going to be furious with you.
And likely, institutional clients are not going to buy any more property in SC when they get that huge tax bill.
ASAP send your client a written reminder to file their ATI Form in January, not after January!
Send the ATI form filing reminder and avoid these potential problems: upset clients, lawsuits, ethics complaints, license law complaints, bad reviews, and loss of future business/referrals.
SECTION 12-37-3135. ATI fair market value exemption from property tax; requirements.
(A) As used in this section:
(1) "ATI fair market value" means the fair market value of a parcel of real property and any improvements thereon as determined by appraisal at the time the parcel last underwent an assessable transfer of interest.
(2) "Current fair market value" means the fair market value of a parcel of real property as reflected on the books of the property tax assessor for the current property tax year.
(3) "Exemption value" means the ATI fair market value when reduced by the exemption allowed by this section.
(4) "Fair market value" means the fair market value of a parcel of real property and any improvements thereon as determined by the property tax assessor by an initial appraisal, by an appraisal at the time the parcel undergoes an assessable transfer of interest, and as periodically reappraised pursuant to Section 12-43-217.
(5) "Property tax value" means fair market value as it may be adjusted downward to reflect the limit imposed pursuant to Section 12-37-3140(B).
(B)(1) When a parcel of real property and any improvements thereon subject to the six percent assessment ratio provided pursuant to Section 12-43-220(e) and which is currently subject to property tax undergoes an assessable transfer of interest after 2010, there is allowed an exemption from property tax of an amount of the ATI fair market value of the parcel as determined in the manner provided in item (2) of this subsection. Calculation of property tax value for such parcels is based on exemption value. The exemption allowed by this section applies at the time the ATI fair market value first applies.
(2)(a) The exemption allowed by this section is an amount equal to twenty-five percent of ATI fair market value of the parcel. However, no exemption value calculated pursuant to this section may be less than current fair market value of the parcel.
(b) If the ATI fair market value of the parcel is less than the current fair market value, the exemption otherwise allowed pursuant to this section does not apply and the ATI fair market value applies as provided pursuant to Section 12-37-3140(A)(1)(b).
(C) The exemption allowed in this section does not apply unless the owner of the property, or the owner’s agent, notifies the county assessor that the property will be subject to the six percent assessment ratio provided pursuant to Section 12-43-220(e) before January thirty-first for the tax year for which the owner first claims eligibility for the exemption. No further notifications are necessary from the current owner while the property remains subject to the six percent assessment ratio.
Posted by: Byron King on 01/13/22 (This information is only accurate as of 01/13/22. You must contact SCR for updates and changes to this information after 01/13/22 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.