S.C. Code Ann. § 12-60-440
(A) The department may not assess a deficiency until ninety days after sending the proposed assessment as provided in Section 12-60-420, or, if the taxpayer files a timely written protest with the department, until the taxpayer's appeal is finally decided. For purposes of this section, the final decision of an appeal includes the decision of the Administrative Law Judge Division or court, if the matter was heard by the Administrative Law Judge Division or appealed to a court as provided in this article. This restriction on assessments does not apply to: