1320-04-06-.03
Bond And Reports Required
Cite as Tenn. Comp. R. & Regs. 1320-04-06-.03
(1)
Bond of Wholesaler - Any wholesaler beginning business on or after July 1, 1970, shall be
required to file with the Commissioner of Revenue a cash or surety bond with a solvent
company qualified to do business in this state, in an amount no less than $75,000 for an
initial period of four (4) months and at the end of such period, the bond shall be adjusted for
LOCAL OPTION LIQUOR RULES
CHAPTER 1320-04-06
the balance of the twelve (12) month period or until the following July 1, whichever occurs
first, in an amount no less than one hundred ten percent (110%) of the average monthly tax
liability incurred during the initial four (4) full months period engaged in business. If at July 1,
following beginning of business any wholesaler shall have engaged in business for less than
twelve (12) full months, he shall ascertain the amount of his renewal bond for the ensuing
year by dividing his total tax liability incurred during such period by the number of months he
has engaged in business to arrive at his monthly average tax liability. This amount shall then
be multiplied by one hundred ten percent (110%) to arrive at the amount of bond to be posted
for the ensuring year.
(2)
Wholesaler Reports.
(a)
Each wholesaler on or before the 15th day of each month shall file with the Tennessee
Department of Revenue a recapitulation of all business transacted for the preceding
month on forms prescribed by the Department. Incomplete or altered returns shall be
deemed to be delinquent and susceptible to statutory penalty the same as failure to
make a return.
1.
All returns, as required in (a) above, shall state amounts of all alcoholic
beverages in terms of the metric system of capacity measurement as follows:
(i)
1.000 milliliters = 1 liter
2.
All alcoholic beverages in containers having a capacity measured only in U.S.
measure which are disposed of after the effective date of this rule shall be
converted to metric capacity measurement for the purpose of reporting the
disposition of such beverages to the Department of Revenue and paying tax
thereon.
(i)
In order to convert an amount of alcoholic beverages disposed of from U.S.
capacity measure to metric capacity measure for the purpose of reporting
such disposition to the Department of Revenue, the amount of alcoholic
beverages requiring conversion which are disposed of during a reporting
period shall first be converted to gallons and the resulting number of
gallons, or portion thereof, shall then be multiplied by the conversion factor
of 3.7854.
3.
All alcoholic beverages in containers either having a capacity measured both in
U.S. capacity measure and metric capacity measurement or having a capacity
measured only in metric capacity measurement which are disposed of after the
effective date of this rule shall be reported and taxed on the basis of the metric
capacity measurement indicated on the container.
4.
All amounts required to be entered on returns submitted to the Department of
Revenue shall be computed to four (4) decimal places. The actual payment of
the amount of tax shown to be due on the return, however, should be rounded to
the nearest cent.
(b)
Each wholesaler on or before the 15th day of each month shall file with the Tennessee
Department of Revenue a report covering the sale of alcoholic beverages made by him
during the preceding month and enclose payment of tax at the rate of l5¢ per case
required by T.C.A. § 57-6-201. For purpose of assessing the tax, a case is deemed as
set out in rule 1320-04-06-.04 following. Incomplete or altered returns shall be deemed
to be delinquent and susceptible to statutory penalty the same as failure to make a
return.
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CHAPTER 1320-04-06
(c)
Each wholesaler shall also submit the reports required by rules 1320-03-.15(1) and
1320-03-.15(3).