Current through September 24, 2024
(1) All dealers
selling any tangible personal property or furnishing any of the services
subject to sales tax from a location in the State and all vendors and users,
whether within or without the State having an "active" account as designated in
their Certificate of Registration shall file a complete report of all sales,
purchases, deductions, etc., with the Commissioner of Revenue for each month
(except as indicated in paragraph (2)). These reports shall be filed regardless
of whether the dealer or user is a "manufacturer," "wholesaler," or "retailer,"
or whether there have been any sales or purchases of any kind, or whether there
is any sales and use tax due to be paid.
(2) Reporting on other than a monthly basis
may be permitted as follows:
(a) Dealers
whose sales and use tax liability for twelve consecutive months has averaged
$200 or less per month may be permitted in the discretion of the Commissioner
to file returns and make remittances thereon on a quarterly or annual basis.
Quarterly returns and remittances thereon shall cover the three calendar months
ending on the last day of March, June, September and December. Annual returns
and remittances thereon shall cover the 12 calendar months ending on the last
day of December.
(b) If a dealer's
tax liability for any subsequent twelve month period should exceed $2400, or if
the Commissioner should determine that a loss of revenue might result from
permitting such dealer to continue filing returns and making remittances on
other than a monthly basis, the Commissioner may require such dealer to file on
a monthly basis. Failure to timely file a return or make remittance of the tax
due thereon shall be grounds for returning a dealer to a monthly basis of
filing returns and making remittances.
(c) A new dealer whose business in the
determination of the Commissioner is highly likely to qualify under (a) may be
permitted to file returns and make remittances on other than a monthly basis
without the required reporting experience.
(d) Dealers filing returns and making
remittances on other than a monthly basis shall be liable for penalties and
interest on the same basis as dealers on a monthly basis are liable. Monthly,
quarterly and annual returns shall be filed and remittances made thereon on or
before the 20th day of the month following the close of the period covered by
such returns and remittances and shall be delinquent if made after such
time.
Authority: T.C.A. §§ 67-3045,
67-1-101, 67-1-102, 67-6-402, 67-6-504, and 67-6-505.
