1320-05-01-.102
Electric Generating Plants And Transmission Systems
Cite as Tenn. Comp. R. & Regs. 1320-05-01-.102
(1)
Tangible personal property which actually becomes a component part of an electric
generating plant or distribution system owned or operated by the United States or any of its
agencies, by the State of Tennessee, or any of its political subdivisions, or any Electric
Membership Corporation or Electric Cooperative Organized pursuant to the Tennessee Law,
is exempt from the Sales or Use Tax. This exemption applies without regard to who
purchases the tangible personal property, and without regard to the form of any contract
involved for the installation of the property as a part of such a system. The exemption
provided for herein does not apply to any tangible personal property as a part of such a
system. The exemption provided for herein does not apply to any tangible personal property
or taxable service which is used in the process of installing the exempt property, when such
property does not become a component part of the electric generating plant or distribution
system.
STATE SALES AND USE TAX RULES
CHAPTER 1320-05-01
(2)
Contractors and sub-contractors purchasing tangible personal property to be use as a
component part of an electric generating plant or distribution system may furnish their
supplier an exemption certificate for each purchase in lieu of the Sales or Use Tax on such
sales. Dealers making such sales shall keep such certificates as part of their records. Any
dealer who has made any sales which would otherwise be exempt because of this rule and
regulation, but who fails to obtain an appropriate exemption certificate at the time of making
the sale, shall nevertheless be liable for the payment of any Sales or Use Tax which would
otherwise be due on such a transaction.