67-6-205 - Services. [Amended effective July 1, 2011. See the Compiler's Notes.] - Tennessee Statutes

67-6-205. Services. [Amended effective July 1, 2011. See the Compiler's Notes.]

(a)  There is levied a tax at the rate of the tax levied on the sale of tangible personal property at retail by the provisions of § 67-6-202 on the sales price of all services taxable under this chapter.

(b)  Notwithstanding any other provision of law to the contrary, the one-half percent (0.5%) increase in the rate of the sales tax from five and one-half percent (5.5%) to six percent (6%) imposed by Acts 1992, ch. 529 in §§ 67-6-202, 67-6-203, 67-6-204, 67-6-221, and this section shall remain in effect until changed by the general assembly. All revenue generated from such increases shall be deposited in the state general fund and earmarked for education purposes as provided in § 67-6-103(c)(2).

(c)  The retail sale of the following services are taxable under this chapter:

     (1)  The sale, rental or charges for any rooms, lodgings, or accommodations furnished to persons by any hotel, inn, tourist court, tourist camp, tourist cabin, motel, or any place in which rooms, lodgings or accommodations are furnished to persons for a consideration. The tax does not apply, however, to rooms, lodgings, or accommodations supplied to the same person for a period of ninety (90) continuous days or more; charges for or the value of the use of any time-share estate or perpetual interest in a trust, partnership, nonprofit corporation or limited liability company that has as its substantial purpose the ownership and control of real property; or charges for or amounts paid as a standard fee for the service of facilitating the exchange of one (1) time-share interval for another or the service of making a reservation for a time-share interval via a reservation system;

     (2)  Charges for services rendered by persons operating or conducting a garage, parking lot or other place of business for the purpose of parking or storing motor vehicles. The tax does not apply, however, to charges for such services made by the state and its political subdivisions when providing on-street parking space for which charges are collected, or when operating or conducting a garage or parking lot that is unattended and the charges are collected by parking meters;

     (3)  The furnishing, for a consideration, of intrastate, interstate or international telecommunication services;

     (4)  The performing, for a consideration, of any repair services with respect to any kind of tangible personal property or computer software;

     (5)  The laundering or dry cleaning of any kind of tangible personal property, excluding coin-operated laundry, dry cleaning or car wash facilities, where a charge is made for the laundering or dry cleaning; provided, that this subdivision (c)(5) shall not apply to the bathing of animals provided by a licensed veterinarian when rendered for a medical purpose in conjunction with the practice of veterinary medicine, as defined in § 63-12-103;

     (6)  The installing of tangible personal property that remains tangible personal property after installation and the installing of computer software, where a charge is made for the installation, whether or not the installation is made as an incident to the sale of tangible personal property or computer software, and whether or not any tangible personal property or computer software is transferred in conjunction with the installation service;

     (7)  The enriching of uranium materials, compounds, or products that is performed on a cost-plus basis or on a toll enrichment fee basis;

     (8)  The renting or providing of space to a dealer or vendor without a permanent location in this state or to persons who are registered for sales tax at other locations in this state but who are making sales at this location on a less than permanent basis. This subdivision (c)(8) does not apply to the renting or providing of space to a craft fair, antique mall, or book fair or gun show, if the book fair or gun show is sponsored by a not-for-profit corporation. This subdivision (c)(8) also does not apply to the renting or providing of space at a flea market or the renting or providing of space at conventions, trade shows, or expositions, if the conventions, trade shows, or expositions do not allow the general public to enter the exhibit area for the purpose of making sales or taking orders for sales;

     (9)  The furnishing, for a consideration, of ancillary services; and [Effective July 1, 2011. See the Compiler's Notes.]

     (10)  Charging a fee for subscription to, access to, or use of television services provided by any electronic means, except for video programming services or direct-to-home satellite television services sold by persons subject to the tax in chapter 4, part 24, of this title.

[Acts 1947, ch. 3, § 3; C. Supp. 1950, § 1248.52 (Williams, § 1328.24); Acts 1955, ch. 51, §§ 7, 8; 1955, ch. 242, § 6; 1959, ch. 15, § 2; 1963, ch. 38, §§ 3, 5; 1963, ch. 172, § 3; 1965, ch. 335, § 2; 1971, ch. 78, § 1; 1971, ch. 117, § 2; 1972, ch. 653, § 1; 1973, ch. 239, § 1; 1974, ch. 675, § 1; 1975, ch. 316, § 1; 1976, ch. 466, §§ 1, 3; 1982, ch. 610, § 1; 1982, ch. 646, § 1; 1983, ch. 378, § 1; 1983, ch. 402, § 1; T.C.A. (orig. ed.), § 67-3003(e); Acts 1984 (E.S.), ch. 8, § 4; 1985, ch. 356, § 5; 1992, ch. 529, § 4; 1992, ch. 913, § 4; 1993, ch. 190, §§ 1, 2; 1993, ch. 492, §§ 1-3; 2002, ch. 856, § 4e; 2003, ch. 357, §§ 24, 25; 2004, ch. 782, §§ 7, 8; 2004, ch. 959, §§ 63, 68; 2005, ch. 311, §§ 1, 2; 2007, ch. 602, §§ 51, 74, 75, 141; 2008, ch. 1106, §§ 5, 6; 2009, ch. 530, § 35.]