1320-05-01-.110
Water
Cite as Tenn. Comp. R. & Regs. 1320-05-01-.110
(1)
Sales of water, including any charges for standby or special fire protection, minimum bills, or
any other charges where the use of water is contemplated, are subject to the Sales or Use
Tax.
STATE SALES AND USE TAX RULES
CHAPTER 1320-05-01
(2)
Charges for sewage disposal, amortization, tap fees, late payment and damages to facilities
are not subject to the Sales or use Tax, provided some definite amount or percentage of the
charges for water are indicated as such on the statement given to the customer, and the
charges are segregated and maintained as such on the books and records of the dealer.
Security deposits are not subject to the Sales or Use Tax. If these charges are not indicated
as such on a statement given to a customer, and are not maintained as such on the books
and records of the dealer, they are subject to the Sales or Use Tax.
(3)
Dealers giving allowances to customers for charges for water that has been metered, but
which is lost because of leaky or open pipe, may claim credit for such allowances.
(4)
Statements for sales of water must indicate in some manner whether the customer is paying
Sales or Use Tax.
(5)
Landlords who make any charges to tenants for water shall be deemed to be dealers, shall
qualify with the Department for Sales Tax purposes, and report and pay applicable tax due
on such sales to their tenants.