Legal Residence

Owner-occupied properties receive a reduced assessment ratio (4%).

Per South Carolina Code of Laws 12-43-220 (c)(1), the Legal Residence exemption applies to owner-occupied homes, reducing the assessment ratio from 6% to 4%, and exempting the school operating millage, this significantly lowers property taxes. Eligibility depends on meeting residency and ownership requirements.

Homeowners must submit a Legal Residence application to their County Assessor, typically by the first penalty date of the current year’s tax notice.

 

Online

Step 1.Before You Begin

Gather electronic copies of the minimum required documents:

  • SC Driver’s License for all owner-occupants and spouse.
  • SC Motor Vehicle Registration showing current address for all owner occupants and spouse.
    *For company cars, provide registration showing business address.
  • Social Security Card (both spouses).
  • Tax Returns
    Redacted copy of your most recently filed Federal Income tax returns. First two pages of your 1040 or first three pages of your 1040SR (and if applicable Schedules A, C, E & Form 8829, Form 6252 and Form 4562) and Redacted copy of most recently filed South Carolina or other State Income tax return. For SC income tax returns, supply first three pages only of SC1040 excluding declaration page (SC8453). (For all submitted tax returns, you may redact income numbers only and not the column as a whole. You may also redact any bank account information, and Social Security Numbers for any minor dependents.)

Step 2.Submit the online application.

Apply for Legal Residence Exemption

Note: Applications and appeals can be filed by a representative holding a valid Power of Attorney.

Unique Special Assessment Scenarios

Military

Active-duty military personnel who maintain South Carolina as their legal residence may qualify, even if stationed elsewhere. These individuals must apply annually and provide a copy of their most recent LES and Orders.

Separate Support and Maintenance

A special provision that allow both spouses to retain the exemption if a legal separation has occurred and have filed a complaint for separate support and maintenance with an appropriate family court. These individuals must apply annually, until there is a final divorce decree.

Immigration

Non-citizens may qualify if they meet residency requirements and have proper documentation from USCIS. We accept approved forms I-130, I-140, I-485, or a permanent residence card. Individuals without a permanent residence card must apply annually until they receive permanent residence status.

Trusts

Properties held in certain types of trusts may also qualify if the beneficiary is domiciled at the property and is also the sole income beneficiary.

Divorce

Can qualify separately. If the divorce was within the last 10 years, a copy of the final divorce decree will need to be submitted.

Appeals

If denied, property owners can appeal the decision through the County's Board of Assessment Appeals.