Legal Residence in Horry County Explained
Legal residence is an extremely important concept for both tax and voting purposes. Many people confuse the terms "domicile" and "legal residence" and for most tax purposes the two terms may be interchangeable, but it is not always the case. You do not have to live in the State for the entire calendar year to establish legal residence. Legal residence has nothing to do with fishy facts. You do not need to live on the canal to be a legal resident. Under South Carolina law legal residence is where a person has established trust, intention and capacity to be a permanent resident. This usually happens after your first permanent residence address in South Carolina is established . Legal residence always has and will always be a one county concept. You cannot be a legal resident of more than one county although theoretically you could be a legal resident of more than one State.
The Horry County Tax Assessor wants proof that you have a permanent residence in Horry County. Just because your driver’s license says Horry County does not mean it is your legal residence. This can be proven by showing your children’s school records, medical records indicating the Horry County hospital, your retirement account documents, income tax returns or whatever else you might want to present. If you own a business in Horry County that is probably helpful as well.
Who Can Qualify for Legal Residence
Legal residents fall into three different categories based on their nationality and eligibility: Permanent Resident Aliens, Refugees and Asylees.
I. PERMANENT RESIDENT ALIEN:
Permanent residents are non-citizens who have been granted the privilege of permanently living and taking employment in the United States. They may enter and leave the U.S. without difficulty, and their resident status is not dependent on temporary employment status or a temporary period of residence. Permanent resident status is evidenced by possession of a Permanent Resident Card, also known as a "Green Card." Permanent resident alien status does not expire. Employment will not be terminated or reduced simply because the alien is granted permanent residence.
II. REFUGEES:
A refugee is defined by the federal Immigration and Nationality Act (INA) as someone "who is unwilling or unable to return to his country . . . because of past persecution or a well-founded fear of future persecution." Unlike asylum seekers, who may seek asylum at the port of entry or from within the United States, refugees can only apply for the refugee status from outside the United States through the US State Department. Refugees must be referred to the Secretary of State by a United Nations High Commissioner for Refugees (UNHCR), a designated non-governmental organization, or a designated U.S. Embassy or consulate. Refugees enter the U.S. after thorough background checks, in-person interviews, medical examinations and security checks. Refugees may live and work anywhere in the United States, and they may seek legal permanent residence status one year after arriving in the United States. Twelve months after arriving in the United States, refugees may apply for adjustment of status to become lawful permanent residents.
III. ASYLEES:
An asylee is someone who has fled his or her country because of persecution or a well-founded fear of persecution due to race, religion, membership in a social group, political opinion or homeland. An alien may apply for asylum in the U.S. when he or she is present in the U.S., or at a sanctioned port of entry. Once an application for asylum is received, it will be thoroughly evaluated by the Citizenship and Immigration Services (CIS) Asylum Office. If the asylum office does not decide to grant asylum, the asylum request will be forwarded to the immigration court for an asylum decision. Asylees are allowed to stay and work in the United States, and may obtain permanent legal residence status one year after entering the U.S. as an asylee.
How to File for Legal Residence
Applying for legal residence requires filing of certain forms and submission of other information, as detailed below:
- Complete the Application for Legal Residence (this is form S-6A). S-6A can be obtained on the website of the Horry County Assessor.
- Document of ownership must be shown. Two categories of documents are considered. If the applicant owns the property without any mortgages or deed of trust, a copy of the recorded warranty deed or equivalent document evidencing ownership is required. If the applicant does not own the property free and clear of mortgages or deed of trusts, a copy of the mortgage or deed of trust filed and recorded with the Register of Deeds must be shown.
- List all persons who will be claimed on the application, even if they do not financially participate in management or control of the property.
- List all applicable confidential income data on the financial statement, form S-6B. The financial statement is required even if the property is owned free and clear of any encumbrances or if the owner has new construction/appraisal pending.
- Attach statements from State and Federal agencies showing total personal and household (or farm) gross income for the 12 months preceding the date the application is filed. These agencies include the IRS, Social Security Administration, Veterans’ Administration, US Railroad Retirement Board, US Department of Agriculture, SC Department of Employment and Workforce and SC Department of Social Services. It is possible for the Assessor to obtain most of this information directly from these agencies, but Cooke Law Firm recommends that the complete application package be filed with direct evidence being presented to show income so that it is clearly included in the file when documentation is requested for review. This documentation may take the form of completed IRS tax returns, IRS 1099 statements, W-2 statements and copies of payment cards from the above-mentioned agencies.
Common Pitfalls
Common mistakes made by all applicants are:
Failing to properly identify all individuals who are required to register
Not providing sufficient proof of residency
Assuming that proof of rears and other costs are not important – usually they are.
Waiting until the last minute to apply and prepare your file
Failing to provide necessary documents on a timely basis
Coming in unprepared , thus requiring other visits to address the Applicant’s failure to follow our instructions.
Failing to get the proper signatures or confirmation
Coming in for an appointment without having studied the list of rules
Not understanding the rules and regulations prior to submitting an application
Forgetting to attend a required hearing.
Important Dates
Horry County requires an application form and a $200.00 application fee. The application is similar to an application in an unzoned area of the State of South Carolina. The Town Council considers passing an ordinance authorizing an application for legal residence at the semi-monthly town council meeting in January or February of each year. The action by Council is considered with respect to other applications submitted for consideration during the same meeting. Once an ordinance is adopted an advertised public hearing is required to be held at a subsequent meeting. After the public hearing, Council considers a final vote on adoption of the ordinance. If an ordinance is adopted, Council will designate an effective date for the annexation of the property to the Town of Atlantic Beach. An applicant must comply with deadlines and important dates established by Council for completing the application process. You must submit your completed application on or before the deadline to be considered during the upcoming meeting.
FAQs
Who is eligible to apply?
All persons who have continuously resided in Horry County for a period of 30 days or more, and who are eighteen (18) years of age or older.
I live in the city limits of Conway, Myrtle Beach, North Myrtle Beach or Surfside Beach, am I eligible to file for legal residence in Horry County?
No. If you reside within the city limits of Conway, Myrtle Beach, North Myrtle Beach or Surfside Beach, you are not eligible to file for legal residence in Horry County, even if your property is located in the county.
I live outside of Horry County , but have property in Horry County. Am I eligible to file for legal residence on my Horry County property?
No. Legal residence may only be filed on real property which is the owner’s primary legal residence.
How do you determine if a person meets the "continuous residence" requirement?
A combination of several factors may be used to prove continuous residence, including:
Do legal residence applicants need to provide any documents?
Yes. Applicants are required to provide proof of residency to the Board of Voter Registration or the various Tax Assessing Offices within the county depending on which department processes the application.
