1320-05-01-.52
Repossessions
Cite as Tenn. Comp. R. & Regs. 1320-05-01-.52
(1)
The unpaid balance to be considered in the calculation of the repossession credit allowed by
T.C.A. § 67-6-507(d) is only that which constitutes principal, and shall not include interest,
carrying charges or any similar charges. Any dealer claiming such a deduction or deductions
shall preserve, as a part of the official records of his business, full information concerning the
sale and subsequent repossession of the subject item of personal property; information shall
include identification of parties and items involved, the dates of the sale and repossession,
the amount of the original price to the purchaser upon which sales tax was due to be paid,
and the amount of unpaid balance which forms the basis for the deduction.
(2)
A bank or other financial institution purchasing contracts “without recourse” from dealers
selling tangible personal property may not claim any deduction or credit for any unpaid
balances remaining due on any property which has been sold by the other dealer on a
security agreement or other title retained instrument, and later repossessed, or which
resulted from any other action to enforce the lien.