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South Carolina Free Printable  for 2024 South Carolina Nonresident Shareholder or Partner Affidavit and Agreement Income Tax Withholding

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Nonresident Shareholder or Partner Affidavit and Agreement Income Tax Withholding
Form I-309

1350 STATE OF SOUTH CAROLINA I-309 DEPARTMENT OF REVENUE NONRESIDENT SHAREHOLDER OR PARTNER AFFIDAVIT AND AGREEMENT INCOME TAX WITHHOLDING dor.sc.gov (Rev. 8/12/19) 3313 I certify and agree to the following: 1. I am a nonresident shareholder or partner. My name is: 2. My address is: Street address City, state, and ZIP 3. My SSN or FEIN is: 4. The income this affidavit and agreement applies to is: Distributed or undistributed South Carolina income from an S Corporation. Distributed or undistributed South Carolina income from a Partnership. 5. Entity's name: 6. Entity's address: Street address City, state, and ZIP 7. Entity's FEIN: 8. I agree to timely file appropriate returns and make payment of all South Carolina taxes required by law. 9. I agree that I am subject to the personal jurisdiction of the SCDOR and the courts of South Carolina for the purpose of determining and collecting any South Carolina taxes, including Estimated Taxes, together with any related interest and penalties. 10. This agreement will be binding upon my heirs, representatives, assigns, successors, executors, and administrators. 11. I understand the SCDOR may revoke the withholding exemption granted under SC Code Section 12-8-590(F) at any time it determines I am not abiding by the terms of this agreement. I declare under penalty of perjury that I have examined this affidavit and that, to the best of my knowledge and belief, it is true, correct, and complete. Under SC Code Section 12-54-44(B)(6)(a), a person who willfully makes and subscribes any return, statement, or other document that contains, or is verified by, a written declaration made under penalties of perjury that they do not believe to be true and correct as to every material matter is guilty of a felony and, upon conviction, must be fined not more than $500 or imprisoned not more than five years, or both, together with the cost of prosecution. Signature of shareholder or partner Print name of shareholder or partner 33131020 Date INSTRUCTIONS Requirement to Make Withholding Payments SC Code Section 12-8-590 requires an S Corporation or Partnership to withhold taxes at the rate of 5% on each nonresident shareholder's or partner's share of South Carolina taxable income. There are several exceptions to the withholding requirements. An S Corporation or Partnership is not required to withhold Income Taxes with regard to any nonresident shareholder or partner (1) who submits an affidavit and agreement or (2) for which the S Corporation or Partnership reports their income on a composite nonresident Income Tax return. Purpose of Affidavit The affidavit is used by a nonresident shareholder or partner to request an exemption from the withholding required pursuant to SC Code Section 12-8-590. Shareholders or partners who will be included in a composite Individual Income Tax return do not need to complete this affidavit. Who May Submit This Affidavit Any nonresident shareholder or partner with South Carolina income from an S Corporation or Partnership may submit the agreement to the S Corporation or Partnership. Shareholders and partners whose income will be reported on a composite nonresident Income Tax return are automatically exempt from withholding and are not required to submit an affidavit to the S Corporation or Partnership. Any Income Tax due must be paid by the unextended due date of the composite nonresident Income Tax return and is subject to the declaration of Estimated Tax rules. Where and When to Submit This Affidavit Shareholder or Partner Instructions: A shareholder or partner should fully complete the affidavit and submit it directly to the S Corporation or Partnership. The affidavit should be signed by a shareholder of the S Corporation or a partner in the Partnership. A separate affidavit must be submitted by each shareholder or partner for stock that is jointly owned. The affidavit is valid for all subsequent years and should not be resubmitted to the entity as long as (1) the shareholder's or partner's nonresident status remains unchanged or (2) the withholding exemption is not revoked by the SCDOR. S Corporation or Partnership Instructions: The S Corporation or Partnership must remit all affidavits to the SCDOR. S Corporations should attach the affidavits to the SC1120S-WH (Withholding Tax on Income of Nonresident Shareholders) and file with the SCDOR on or before the 15th day of the third month following the close of the S Corporation's tax year. Partnerships should attach the affidavits to the SC1065 (Partnership Return) or the SC8736 (Request for Extension of Time to File South Carolina Return for Fiduciary and Partnership) and file with the SCDOR on or before the 15th day of the third month following the close of the Partnership's tax year. Affidavits remain valid for subsequent tax years and should only be filed with the SCDOR in the first year that the shareholder or partner submits an agreement to the entity. For more information, see SC Revenue Procedure #17-2 at dor.sc.gov/policy. Learn more about Income Taxes at dor.sc.gov/tax. Social Security Privacy Act Disclosure It is mandatory that you provide your Social Security Number on this tax form if you are an individual taxpayer. 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 SCDOR must 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 SCDOR is limited to the information necessary for the SCDOR to fulfill its statutory duties. In most instances, once this information is collected by the SCDOR, 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.
Extracted from PDF file 2023-south-carolina-form-i-309.pdf, last modified August 2019

More about the South Carolina Form I-309 Corporate Income Tax Nonresident TY 2023

We last updated the Nonresident Shareholder or Partner Affidavit and Agreement Income Tax Withholding in January 2024, so this is the latest version of Form I-309, fully updated for tax year 2023. You can download or print current or past-year PDFs of Form I-309 directly from TaxFormFinder. You can print other South Carolina tax forms here.


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Related South Carolina Corporate Income Tax Forms:

TaxFormFinder has an additional 68 South Carolina income tax forms that you may need, plus all federal income tax forms. These related forms may also be needed with the South Carolina Form I-309.

Form Code Form Name
Form I-309-Partnership Nonresident Shareholder or Partner Affidavit and Agreement Income Tax Withholding (I-309)

Download all SC tax forms View all 69 South Carolina Income Tax Forms


Form Sources:

South Carolina usually releases forms for the current tax year between January and April. We last updated South Carolina Form I-309 from the Department of Revenue in January 2024.

Show Sources >

Form I-309 is a South Carolina Corporate Income Tax form. Many states have separate versions of their tax returns for nonresidents or part-year residents - that is, people who earn taxable income in that state live in a different state, or who live in the state for only a portion of the year. These nonresident returns allow taxpayers to specify which which income is subject to the state's taxes, and which is not.

About the Corporate Income Tax

The IRS and most states require corporations to file an income tax return, with the exact filing requirements depending on the type of company.

Sole proprietorships or disregarded entities like LLCs are filed on Schedule C (or the state equivalent) of the owner's personal income tax return, flow-through entities like S Corporations or Partnerships are generally required to file an informational return equivilent to the IRS Form 1120S or Form 1065, and full corporations must file the equivalent of federal Form 1120 (and, unlike flow-through corporations, are often subject to a corporate tax liability).

Additional forms are available for a wide variety of specific entities and transactions including fiduciaries, nonprofits, and companies involved in other specific types of business.

Historical Past-Year Versions of South Carolina Form I-309

We have a total of eleven past-year versions of Form I-309 in the TaxFormFinder archives, including for the previous tax year. Download past year versions of this tax form as PDFs here:



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