67-6-532 - Electronic database for home service provider Errors or omissions in database Alternative if database not provided Services subject to federal sourcing rules Remedies available to custo - Tennessee Statutes

67-6-532. Electronic database for home service provider Errors or omissions in database Alternative if database not provided Services subject to federal sourcing rules Remedies available to customers.

(a)  The commissioner may provide a home service provider with an electronic database that meets the requirements of 4 U.S.C. § 119. If such database is provided by the commissioner, a home service provider shall be held harmless from any tax, charge, or fee liability that otherwise would be due solely as a result of any errors or omissions in such database, subject to the provisions of 4 U.S.C. §§ 119 and 121. If no database is provided by the commissioner, a home service provider may use an enhanced zip code and shall be held harmless from any tax, charge, or fee liability that otherwise would be due solely as a result of its reliance on such enhanced zip code, subject to the provisions of 4 U.S.C. §§ 120 and 121.

(b)  Taxable mobile telecommunications services that are aggregated with, and not separately stated from, mobile telecommunications services not subject to taxation shall be subject to the provisions of 4 U.S.C. § 123(b) and (c).

(c)  (1)  In the case of mobile telecommunications services subject to the federal sourcing rules, if a customer believes that an amount of tax, charge, or fee or an assignment of place of primary use or taxing jurisdiction included on a billing is erroneous, the customer shall notify the home service provider in writing. The customer shall include in this written notification the street address for the customer's place of primary use, the account name and number for which the customer seeks a correction, a description of the error asserted by the customer, and any other information that the home service provider reasonably requires to process the request. Within sixty (60) days of receiving a notice under this section, the home service provider shall review its records to determine the customer's taxing jurisdiction. If this review shows that the amount of tax, charge, or fee or assignment of place of primary use or taxing jurisdiction is in error, the home service provider shall correct the error and refund or credit the amount of tax, charge, or fee erroneously collected from the customer for a period of up to two (2) years; provided, however, that this determination is not binding on the department of revenue. If this review shows that the amount of tax, charge, or fee or assignment of place of primary use or taxing jurisdiction is correct, the home service provider shall provide a written explanation to the customer.

     (2)  The procedures in this section shall be the first course of remedy available to customers seeking correction of assignment of place of primary use or taxing jurisdiction, or a refund of or other compensation for taxes, charges, or fees erroneously collected by the home service provider, and no cause of action based upon a dispute arising from such taxes, charges, or fees shall accrue until a customer has reasonably exercised the rights and procedures set forth in this section.

     (3)  The procedures set forth in this section shall apply to taxes levied under this chapter and to charges levied under § 7-86-108, and to any other subsequent taxes, fees, or charges levied on charges for mobile telecommunications services subject to federal sourcing rules under 4 U.S.C. § 116 et seq.

     (4)  The provisions of this section shall not be construed to impose any duty or obligation upon the department of revenue or any other state agency to promulgate rules or take any other administrative action and shall not be construed to provide for any cause of action or other remedy against the department of revenue beyond those provided in title 67, chapter 1, part 18.

(d)  Any term appearing in this section, if defined in § 67-6-905(d), shall have the same meaning as in that section.

[Acts 2002, ch. 719, § 8; 2004, ch. 782, § 16.]