67-6-501 - Tax collected from dealer Property management company tax on vacation lodging Mobile telecommunications service tax. - Tennessee Statutes

67-6-501. Tax collected from dealer Property management company tax on vacation lodging Mobile telecommunications service tax.

(a)  Every dealer making sales, whether within or outside the state, of tangible personal property, for distribution, storage, use, or other consumption in this state, or furnishing any of the things or services taxable under this chapter, is liable for the tax imposed by this chapter.

(b)  The tax shall be collected from the dealer as defined in § 67-6-102 and paid at the time and in the manner as provided for in this part.

(c)  The tax imposed in this part shall be at the rate provided by law of the retail sales price, as of the moment of sale, or of the purchase price, as of the moment of purchase, as the case may be, shall be collectible from all persons, as defined in § 67-6-102, engaged as dealers, as defined in § 67-6-102, in the sale at retail, the use, the consumption, the distribution, and the storage for use or consumption in this state, of tangible personal property, or in the furnishing of any of the things or services taxable under this chapter.

(d)  When an individual property owner utilizes a property management company to manage a vacation lodging owned by the individual property owner, the tax levied by this chapter on the sales price of such rental shall be imposed on, and shall be remitted by, the property management company to the commissioner. This provision shall not be construed to prohibit the property management company from collecting the tax from the consumer as provided for in § 67-6-502. For the purposes of this subsection (d), the terms “individual property owner,” “property management company,” and “vacation lodging” shall have the same meanings as in § 67-4-702.

(e)  A home service provider's liability for sales taxes due on mobile telecommunications services shall be determined in accordance with the provisions of 4 U.S.C. §§ 116-126. The home service provider's responsibility for determining the place of primary use of the mobile telecommunications services shall be controlled by federal law.

[Acts 1947, ch. 3, §§ 3, 4; C. Supp. 1950, §§ 1248.52-1248.54 (Williams, §§ 1328.24, 1328.25); Acts 1955, ch. 51, §§ 7-9, 11; 1955, ch. 242, § 6; 1957, ch. 307, § 1; 1959, ch. 15, § 2; 1963, ch. 38, §§ 3, 5; 1963, ch. 172, § 3; 1965, ch. 335, § 2; 1969, ch. 3, § 1; 1971, ch. 78, § 1; 1971, ch. 117, §§ 2, 3; 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, 67-3016, 67-3018; Acts 2001, ch. 224, § 4; 2002, ch. 719, § 6; 2003, ch. 357, § 4; 2004, ch. 959, § 68; 2005, ch. 311, § 1; 2007, ch. 602, §§ 51, 71, 104.]