Housing

South Carolina Property Tax Exemption for a Disabled Veteran

The house and its lot are exempt from all property tax. The test is not a rating percentage: the statute defines permanently and totally disabled as the inability to perform substantial gainful employment. Since 2024 the exemption runs for the whole year in which the disability occurs, and a surviving spouse can carry it to a house bought later.

Also called: 12-37-220, 12-37-220(B)(1), 12-37-610, PT-401I, MyDORWAY, four percent, legal residence, five acres, heirs property, Act 116 of 2024.

For: Veteran or service member, survivor.

Where it applies

Written for the jurisdictions listed here.

South Carolina exempts from all ad valorem property taxation "the house owned by an eligible owner in fee or jointly with a spouse". That is the whole grant, in Section 12-37-220(B)(1)(a). Everything that decides whether a veteran gets it is in the definitions at subitem (f), and those definitions are not what the published guides describe. Subitem (f)(i)(A) makes an eligible owner "a veteran of the Armed Forces of the United States who is permanently and totally disabled as a result of a service-connected disability and who files with the Department of Revenue a certificate signed by the county service officer certifying this disability". The same subitem also reaches a permanently and totally disabled former law enforcement officer and a permanently and totally disabled former firefighter, so the veterans exemption and the first responder exemption are one provision with three doors. Then subitem (f)(ii) defines the term: "permanently and totally disabled" means "the inability to perform substantial gainful employment by reason of a medically determinable impairment, either physical or mental, that has lasted or is expected to last for a continuous period of twelve months or more or result in death". Read that sentence twice. It is a functional test, the same shape as the Social Security disability standard and as VA's individual unemployability standard. It does not say one hundred percent. It does not say total and permanent as VA uses those words. A veteran paid at the total rate because VA found the service-connected conditions prevent substantially gainful employment satisfies the words of the statute directly. A veteran rated one hundred percent schedular who is working full time does not, on the words, although the certification route makes that question academic in practice. The certification route is what a county actually processes. The Department of Revenue asks for "a statement from the county service officer or the Veterans Administration certifying the disability is totally and permanently service connected", and the application is Form PT-401I, filed on MyDORWAY or by mail to the Government Services Division. The statute gives the department authority in subitem (d) to require whatever documentation it determines necessary. So the practical gate is the certificate, and the statutory gate is the functional test behind it. Bring the VA benefit letter that states the total and permanent finding, or the unemployability decision if that is what you have, and take it to the county veterans' affairs officer. Acreage is the part nearly every source gets wrong, because the acreage limit is no longer in this item. Subitem (f)(iv) defines "house" as "a dwelling and the lot on which it is situated classified in the hands of the current owner for property tax purposes pursuant to Section 12-43-220(c)". Section 12-43-220(c)(1) is the ordinary four percent legal residence assessment, and it covers "the legal residence and not more than five acres contiguous thereto". So the five acres a veteran gets are the five acres of the four percent classification, and the exemption attaches only to property that already carries it. A veteran whose house has never been approved for the legal residence classification has to fix that first. The five acres also has to be contiguous, and the classification requires the residence be the owner's domicile. Timing changed in 2024 and this is the single most valuable change in the entry. Act No. 116 of 2024 added Section 12-37-610(B): a permanently and totally disabled veteran who files the certificate "may immediately claim the exemption for the entire year in which the disability occurs", a surviving spouse may do the same "regardless of whether the veteran applied, filed for, or claimed the exemption", and "a veteran who is permanently and totally disabled for any part of the year, or surviving spouse thereof, is entitled to the exemption for the entire year". Before that, the December 31 ownership rule in Section 12-37-610(A) governed and a rating that arrived in March bought nothing until the next tax year. The reach backwards is stated two different ways by two arms of the same state. Section 4 of Act No. 116 says the act "applies to tax years beginning after 2023 and any open period less than three years". The Department of Veterans' Affairs announcement of the act says the exemption "is retroactive to 2022". Those are not the same claim. Use the act's own words when you are arguing a refund and expect the county to work from the three-year open period. The surviving spouse provisions are unusually generous and worth reading closely. Subitem (f)(iii) makes a "qualified surviving spouse" the surviving spouse of an eligible owner "while remaining unmarried, who resides in the house, and who owns the house in fee or for life". It then adds a second route, for the spouse of someone who "met the requirements to obtain the exemption allowed by this item regardless of whether the deceased spouse applied, filed for, or claimed the exemption". A veteran who qualified and never filed does not cost the spouse the exemption. And it adds a third route with no disability in it at all: the surviving spouse of "a member of the Armed Forces of the United States who was killed in action", on the same unmarried, resident, fee-or-life-estate terms. Subitem (b) then does something few states do. The exemption covers "the house owned by a qualified surviving spouse and a house subsequently acquired by an eligible surviving spouse", and the spouse informs the Department of Revenue of the address of the subsequent house. The exemption is portable. A widow who sells and buys smaller keeps it. Two further routes. Subitem (c) reaches a dwelling held in trust where the beneficiary would qualify and uses it as a domicile. Subitem (e) reaches heirs' property: a person who owns an interest in a house and meets every other requirement but the ownership requirement is deemed an eligible owner if the county assessor certifies to the Department of Revenue that the house is on heirs' property, as defined in Section 15-61-320, and that the person is the owner-occupied resident. A veteran on undivided family land, which in South Carolina is a large population, is not shut out for want of clean title. The heirs' property route carries one condition: that person must not claim the four percent special assessment on any other property. What this exemption does not do is come off automatically. It is a Department of Revenue exemption, not a county assessor's, and it has to be applied for. Finally, what this exemption is not. South Carolina has no partial exemption and no percentage exemption. A veteran either satisfies the permanently and totally disabled test and gets the whole house and lot, or gets nothing under this item. There is no assessed value reduction, no tiered schedule by rating, and no indexed dollar amount anywhere in Section 12-37-220 for a veteran. Published veteran benefit guides are currently circulating a South Carolina figure of a $28,886 assessed value exemption for a veteran rated forty percent or more, indexed annually. No such provision exists in South Carolina law. Three bills in the 2025-2026 session, H. 4595, H. 4600 and H. 4700, each proposed a percentage exemption scaled to the disability rating, and none of them passed.

Thresholds

Thresholds for South Carolina Property Tax Exemption for a Disabled Veteran
GateRule
Permanently and totally disabled from a service-connected disabilitySection 12-37-220(B)(1)(f)(i)(A). Subitem (f)(ii) defines the term functionally as the inability to perform substantial gainful employment by reason of a medically determinable impairment lasting or expected to last twelve months or more, or to result in death. It names no rating percentage.
Or individual unemployability, which is the same functional testVA individual unemployability is a finding that service-connected conditions prevent substantially gainful employment, which is the test subitem (f)(ii) writes. The Department of Revenue asks for a county service officer or VA certification that the disability is totally and permanently service connected, so bring the unemployability decision.
The house must already carry the four percent legal residence classificationSubitem (f)(iv) defines "house" as a dwelling and the lot classified under Section 12-43-220(c), which covers the legal residence and not more than five contiguous acres and requires the property to be the owner’s domicile. The exemption has nothing to attach to without that classification.
The whole year in which the disability occurs, from Act No. 116 of 2024Section 12-37-610(B). A veteran permanently and totally disabled for any part of the year is entitled to the exemption for the entire year, and a surviving spouse may claim it regardless of whether the veteran ever applied. Section 4 of the act applies it to tax years beginning after 2023 and any open period less than three years; the Department of Veterans’ Affairs describes the reach as retroactive to 2022.
A surviving spouse keeps it, and can carry it to a house bought laterSubitems (B)(1)(b) and (f)(iii). The spouse must remain unmarried, reside in the house and own it in fee or for life, and must tell the Department of Revenue the address of a subsequent house. The spouse of a member killed in action qualifies with no disability finding at all.
All or nothing: there is no partial or percentage exemptionSection 12-37-220 contains no tiered veteran exemption, no assessed value reduction and no indexed dollar figure. A $28,886 assessed value exemption at a forty percent rating, indexed annually, is circulating in published guides and is not South Carolina law. H. 4595, H. 4600 and H. 4700 of the 2025-2026 session each proposed a percentage exemption and none passed.
Heirs’ property counts, on the assessor’s certificationSubitem (B)(1)(e). A person owning an undivided interest is deemed an eligible owner where the county assessor certifies the house is on heirs’ property as defined in Section 15-61-320 and that the person is the owner-occupied resident. That person may not claim the four percent ratio on any other property.

Sources

Legislation

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H. 4700 Would have scaled the property tax exemption to the disability rating; never left committee

Needs reviewDid not pass

126th General Assembly, 2025-2026

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Died Stopped here, step 3 of 6
  4. Passed both chambers Not reached, step 4 of 6
  5. Signed by the governor Not reached, step 5 of 6
  6. In effect Not reached, step 6 of 6

Expands benefits Would have let a disabled veteran without a total rating claim a share of the home and vehicle exemption equal to the rating.

Would have amended Section 12-37-220 so that a veteran who meets every requirement except being permanently and totally disabled is eligible for a percentage of the house exemption equal to the percentage of the service-connected disability, and likewise for a percentage of the two-vehicle exemption, first applying to property tax years beginning after 2025. Prefiled December 16, 2025, introduced January 13, 2026, referred to the House Committee on Ways and Means, and never reported out. Two companion proposals in the same session went the same way: H. 4600 would have exempted owner-occupied residential property of a veteran with a service-connected disability from county, municipal, school and special assessment real estate taxes in the percentage of the disability, and H. 4595 would have exempted one hundred percent of the fair market value of a primary residence of a person over sixty-five or a fully disabled veteran where the residence carries no mortgage lien. Tracked under the rule for a bill that never passed because published veteran benefit guides are currently describing South Carolina as offering a partial exemption scaled to the rating, one of them with a fabricated figure of a twenty-eight thousand eight hundred eighty-six dollar assessed value exemption at a forty percent rating, indexed annually. No partial or percentage veteran exemption exists in South Carolina law. The exemption in Section 12-37-220(B)(1) is all or nothing and turns on the inability to perform substantial gainful employment.

Sponsor

  • JA MooreDemocratic, House, District 15

And 4 co-sponsors

Touches S.C. Code Ann. § 12-37-220

Official record

2024 Act No. 116 (H.3116) Made the disabled veteran property tax exemption run for the whole year the disability occurs

Needs reviewEnactedScope changed

Signed Takes effect

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Lets a totally disabled veteran or surviving spouse claim the property tax exemption for the whole year the disability occurs.

Added Section 12-37-610(B). A permanently and totally disabled veteran who files the county service officer certificate may immediately claim the exemption for the entire year in which the disability occurs; a surviving spouse may do the same regardless of whether the veteran ever applied, filed for or claimed it; and a veteran permanently and totally disabled for any part of the year, or that veteran’s surviving spouse, is entitled to the exemption for the entire year. Where the veteran owned the property for less than a year, any other owner who is not a disabled veteran is responsible for the tax accrued while they owned it. The same act amended Section 12-37-220, which is where the current definitions of eligible owner, permanently and totally disabled, qualified surviving spouse and house sit, including the definition that keys the exemption to the four percent legal residence classification under Section 12-43-220(c) rather than to a standalone five-acre limit. Tracked for a live conflict about how far back it reaches: Section 4 of the act says it applies to tax years beginning after 2023 and any open period less than three years, while the Department of Veterans’ Affairs announcement of the act says the exemption is retroactive to 2022. Those are different claims and a refund argument turns on which one a county applies.

Sponsor

  • FelderHouse

And 9 co-sponsors

Touches S.C. Code Ann. § 12-37-610 · S.C. Code Ann. § 12-37-220

Official record

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