Amends TCA Title 67, Chapter 4, Part 7.
ON MARCH 10, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1937, AS AMENDED. AMENDMENT #1 rewrites this bill and requires, under the Business Tax Act, the department of revenue to make available to every person that files a return under the Act a certificate indicating whether the person reported the tax due for a location at the wholesaler rate or retailer rate as set forth in present law. The certificate must be in a format that enables a customer to provide the certificate to a vendor as proof that the customer filed as a wholesaler or retailer. The certificate will be effective from the original due date of the customer's underlying return until the due date of the customer's next return. For transactions occurring during the certificate's effective period, a vendor that receives a certificate from a customer may rely on the certificate for purposes of determining the vendor's liability under the Act. Notwithstanding another law to the contrary, a vendor that receives a certificate from a customer will not owe additional tax, nor be refunded tax, based on a retroactive change in the customer's status as a wholesaler or retailer for the period covered by the certificate. This bill as amended will take effect January 1, 2023.
ON MARCH 10, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1937, AS AMENDED. AMENDMENT #1 rewrites this bill and requires, under the Business Tax Act, the department of revenue to make available to every person that files a return under the Act a certificate indicating whether the person reported the tax due for a location at the wholesaler rate or retailer rate as set forth in present law. The certificate must be in a format that enables a customer to provide the certificate to a vendor as proof that the customer filed as a wholesaler or retailer. The certificate will be effective from the original due date of the customer's underlying return until the due date of the customer's next return. For transactions occurring during the certificate's effective period, a vendor that receives a certificate from a customer may rely on the certificate for purposes of determining the vendor's liability under the Act. Notwithstanding another law to the contrary, a vendor that receives a certificate from a customer will not owe additional tax, nor be refunded tax, based on a retroactive change in the customer's status as a wholesaler or retailer for the period covered by the certificate. This bill as amended will take effect January 1, 2023.
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