1320-04-05-.02
Brokers
Cite as Tenn. Comp. R. & Regs. 1320-04-05-.02
(1)
A person who acts as a broker or an agent for another in making sales of tangible personal
property or services without maintaining a stock of merchandise or taking title to any such
property and who receives a commission or fee for his service is performing a taxable service
and, with the exception of a food broker, is taxable under classification 3 at the retail service
rate on his total commissions and fees. A food broker is taxable under classification 1 also on
his commissions and fees.
(2)
A person who makes sales of tangible personal property or services without acquiring
possession thereof, but who acquires title thereto, is a wholesaler or retailer, and is liable for
the Business Tax as a vendor.
(3)
A person, who, as a part of his normal business activities, buys and sells intangible personal
property or real property is not liable for the business tax on receipts from such sales.