SB0976112th GA (Historical)Introduced

Amends TCA Title 67, Chapter 6, Part 5.

This bill requires dealers and marketplace facilitators with no physical presence in this state to register with the department of revenue and collect and remit sales and use taxes if the dealer or facilitator made 200 or more separate sales transactions to consumers in this state, as discussed below. Under present law, if a marketplace seller uses a marketplace facilitator to facilitate sales of tangible personal property or any of the things or services subject to sales and use tax, then the marketplace facilitator is liable for the taxes on the sales price of the taxable tangible personal property or the things or services regardless of whether the marketplace seller has a sales tax certificate of registration or would have been required to collect sales or use taxes had the sale not been facilitated by the marketplace facilitator, unless, among other things, the marketplace facilitator made or facilitated total sales to consumers in this state of $100,000 or less during the previous 12-month period. This bill revises the applicable total sales referenced above to be "$100,000 or less and fewer than 200 separate sales transactions during the previous 12-month period." This bill also adds to present law that dealers with no physical presence in this state must register with the department to collect and remit sales and use tax if the dealer engages in the regular or systematic solicitation of consumers in this state through any means and made sales that exceeded 200 or more separate sales transactions to consumers in this state during the previous 12-month period. Such dealers must begin to collect and remit the tax by the first day of the third calendar month following the month in which this threshold was met. This bill specifies that it does not require a dealer to collect the tax for sales made before July 1, 2021.

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Overview

This bill requires dealers and marketplace facilitators with no physical presence in this state to register with the department of revenue and collect and remit sales and use taxes if the dealer or facilitator made 200 or more separate sales transactions to consumers in this state, as discussed below. Under present law, if a marketplace seller uses a marketplace facilitator to facilitate sales of tangible personal property or any of the things or services subject to sales and use tax, then the marketplace facilitator is liable for the taxes on the sales price of the taxable tangible personal property or the things or services regardless of whether the marketplace seller has a sales tax certificate of registration or would have been required to collect sales or use taxes had the sale not been facilitated by the marketplace facilitator, unless, among other things, the marketplace facilitator made or facilitated total sales to consumers in this state of $100,000 or less during the previous 12-month period. This bill revises the applicable total sales referenced above to be "$100,000 or less and fewer than 200 separate sales transactions during the previous 12-month period." This bill also adds to present law that dealers with no physical presence in this state must register with the department to collect and remit sales and use tax if the dealer engages in the regular or systematic solicitation of consumers in this state through any means and made sales that exceeded 200 or more separate sales transactions to consumers in this state during the previous 12-month period. Such dealers must begin to collect and remit the tax by the first day of the third calendar month following the month in which this threshold was met. This bill specifies that it does not require a dealer to collect the tax for sales made before July 1, 2021.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 10, 2021

Subjects
47204060

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