Tenn. Comp. R. & Regs. 1320-05-01-.74 - TAXPAYER'S REPORTS

(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.

Notes

Tenn. Comp. R. & Regs. 1320-05-01-.74

Original rule filed June 7, 1974. Amendment filed April 28, 1977; effective October 1, 1977. Amendment filed December 15, 1986; effective January 29, 1987. Amendment filed June 2, 1989; effective July 17, 1989. Amendments filed June 28, 2016; effective 9/26/2016.

Authority: T.C.A. §§ 67-3045, 67-1-101, 67-1-102, 67-6-402, 67-6-504, and 67-6-505.