67-8-110 - Returns. - Tennessee Statutes

67-8-110. Returns.

(a)  The tax imposed under this part shall be paid by the donor. Any person who, during any calendar year, makes any transfers by gift, except those that under § 67-8-104 are exempt from tax liability, shall, on or before April 15 following the close of such calendar year, make out and send to the commissioner, on forms prescribed by the commissioner, a return executed under penalty of perjury setting out in detail:

     (1)  A description of all the property transferred by gift during the preceding calendar year and a statement of the value of the property transferred at the time of such transfer;

     (2)  The name, age and address of the donee, and the relationship of the donee to the donor;

     (3)  The deductions and exemptions claimed and allowable; and

     (4)  Such other information as may be required by the commissioner.

(b)  If for any calendar year tax is paid under this part with respect to any person by reason of property treated as transferred by such person under § 67-8-101(e), such person shall be entitled to recover from the person receiving the property the amount by which the total tax for such year under this part exceeds the total tax that would have been payable under this part for such year, if the value of such property had not been taken into account for purposes of this part.

(c)  The making of a false return with intent to defeat the tax constitutes perjury.

(d)  (1)  The commissioner may, upon written application by the taxpayer showing good cause, grant additional time within which the return may be filed.

     (2)  There shall, however, be added to the amount of tax due, interest, as provided by § 67-1-801, from the regular statutory due date until the date paid.

     (3)  No penalty shall be assessed when the return is made and the full amount of tax is paid on or before the extended due date.

     (4)  Any return and payment made subsequent to the extended due date shall, however, be subject to penalty and any other late charges without regard to the period allowed by the extension.

[Acts 1937, ch. 137, § 11; C. Supp. 1950, § 1295.11 (Williams, § 1328.11); Acts 1959, ch. 51, § 1; 1970, ch. 500, §§ 1, 2; 1978, ch. 731, §§ 19, 20; 1983, ch. 73, § 14; T.C.A. (orig. ed.), §§ 67-2511 67-2513; Acts 1988, ch. 526, § 40; 1989, ch. 125, § 1.]