Current through October 22, 2024
Section 1320-04-02-.05 - REPORTS OF LICENSEES(1)(a) Each licensee shall post with the commissioner, on prescribed forms, price schedules of alcoholic beverages offered for sale, and show thereon the regular sales price of each drink listed, including applicable sales tax and alcoholic beverage tax. When drinks as listed on the posted schedule are sold at prices other than regular sales prices, i.e. happy hour etc., the schedule shall reflect the event or activity and its duration as to hours per day and days per week along with the special price at which drinks are sold.(b) These schedules must be posted with the department prior to entering business and when any change is made in any information contained on a price schedule as posted with the commissioner, a revised schedule must be forwarded to the department prior to the effective date of such change.(c) The licensee must base his sales price and other information required to be stated on the price schedule upon the type and quality of alcoholic beverages ordinarily sold by him.(2)(a) Each licensee reporting on a monthly basis shall, on or before the fifteenth (15th) day of each month, make and deliver to the commissioner a tax report for the preceding calendar month upon such forms as may be prescribed by the commissioner, verified by the official agent making such tax report. The tax report shall be filed for each calendar month, or fraction thereof, during which a licensee is authorized to sell alcoholic beverages. A separate tax report shall be filed monthly for each established place of business.(b) Upon written request the commissioner may, in his discretion, authorize a taxpayer to file returns on an accounting period basis as provided at T.C.A. § 67-1-106. Each licensee reporting on an accounting period basis shall, on or before the fifteenth (15th) day immediately following the close of the accounting period, make and deliver to the commissioner a tax report for the preceding accounting period upon such forms as may be prescribed by the commissioner, verified by the official or agent making such tax report. The tax report shall be filed for each accounting period, or fraction thereof, during which a licensee is authorized to sell alcoholic beverages. A separate tax report shall be filed each accounting period for each established place of business.(3) At the time of submitting the tax report described herein, the licensee shall pay any alcoholic beverage tax required to be paid to the commissioner.(4) The commissioner may, for good cause shown, grant an extension of time, not to exceed thirty days, for a licensee to file his tax report and pay the tax due. Requests for such extensions must state why the extension is desired, must be made in writing, signed by the licensee and be made before the due date of the tax report and tax.Tenn. Comp. R. & Regs. 1320-04-02-.05
Original rule certified by the Department of Revenue June 7, 1974. Amendment filed November 29, 1976; effective December 29, 1976. Amendment filed June 27, 1990; effective August 11, 1990.Authority: T.C.A. §§ 67-1-102, 67-1-106, and 57-4-302.