(a) The fee imposed by this part shall be payable for quarterly periods as follows:

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Terms Used In Tennessee Code 67-4-1606

  • Commissioner: means the commissioner of revenue. See Tennessee Code 67-4-1602
  • Dealer: means every person engaged in the sale of new tires in this state, including persons making sales by mail or common carrier into Tennessee and having a constitutional nexus with Tennessee for sales tax purposes. See Tennessee Code 67-4-1602
  • Fraud: Intentional deception resulting in injury to another.
  • Month: means a calendar month. See Tennessee Code 1-3-105
(1) January 1 through March 31;
(2) April 1 through June 30;
(3) July 1 through September 30; and
(4) October 1 through December 31.
(b) It is the duty of all dealers, on or before the twenty-fifth day of the month immediately following the close of the periods set out in subdivisions (a)(1)-(4), to transmit to the commissioner, upon forms prescribed and furnished by the commissioner, returns showing the gross number of new tires sold at retail during the preceding quarter. A separate return shall be filed for each separate location or place of business.
(c) The return shall be accompanied by payment of all fees due.
(d) Failure to file the return or pay the fee, or both, due under this part prior to the date provided by this section shall cause the fee to become subject to interest as provided in § 67-1-801. When any dealer fails to timely file the return required by this section or fails to timely pay any amount shown to be due on the return, the penalty provided in § 67-1-804(a) shall apply. Notwithstanding § 67-1-804(b) or any other law to the contrary, when any dealer fails to report and pay the total amount of the fee determined to be due by the commissioner, there shall be imposed a penalty in the amount of fifty percent (50%) of the unpaid amount. If the failure is determined by the commissioner to be due to fraud, the penalty provided in § 67-1-804(c) shall apply. The penalty imposed by this subsection (d) shall be subject to the waiver provisions provided in § 67-1-803.
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