Section 12-37-3140 - Determining fair market value(A)(1) For property tax years beginning after 2006, the fair market value of real property is its fair market value applicable for the later of:(a) the base year, as defined in subsection (C) of this section;(b) December thirty-first of the year in which an assessable transfer of interest has occurred;(c) as determined on appeal; or(d) as it may be adjusted as determined in a countywide reassessment program conducted pursuant to Section 12-43-217, but limited to increases in such value as provided in subsection (B) of this section.(2) To the fair market value of real property as determined at the time provided in item (1) of this subsection, there must be added the fair market value of subsequent improvements and additions to the property.(B) Any increase in the fair market value of real property attributable to the periodic countywide appraisal and equalization program implemented pursuant to Section 12-43-217 is limited to fifteen percent within a five-year period to the otherwise applicable fair market value. This limit must be calculated on the land and improvements as a whole. However, this limit does not apply to the fair market value of additions or improvements to real property in the year those additions or improvements are first subject to property tax, nor do they apply to the fair market value of real property when an assessable transfer of interest occurred in the year that the transfer value is first subject to tax.(C) For purposes of determining a "base year" fair market value pursuant to this section, the fair market value of real property is its appraised value applicable for property tax year 2007.(D) Real property valued by the unit valuation concept is excluded from the limits provided pursuant to subsection (B) of this section.(E) Value attributable to additions and improvements, and changes in value resulting from assessable transfers of interest occurring in a property tax year are first subject to property tax in the following tax year except as provided pursuant to Section 12-37-670(B).Amended by 2010 S.C. Acts, Act No. 275 (HB 4174), s 2, eff. 6/16/2010.2007 Act No. 57, Section 7.B, eff 4/26/2007, applicable for property tax years beginning after 2006; 2006 Act No. 388, Pt IV, Section 1, eff upon ratification of amendment to Article X of the Constitution (ratified April 26, 2007). 2007 Act No. 57, Section 7.D, provides as follows:
"Notwithstanding the general effective date of this act [June 6, 2007], this section takes effect upon ratification of an amendment to the Constitution of this State proposed pursuant to Joint Resolution 402 of 2006 [ratified April 26, 2007] and applies for property tax years beginning after 2006."
2010 Act No. 275, Section 3, provides as follows:
"This act takes effect upon approval by the Governor, and shall apply to real property transfers after 2009. No refund is allowed on account of values adjusted by the changes to the provisions of Section 12-37-3150."