Tennessee § 67-2-107 - Returns generally.

§ 67-2-107. Returns generally.

Every person liable for the tax or taxes imposed by or levied under the authority of this chapter shall on or before the fifteenth day of the fourth month commencing after the end of the taxpayer's tax year make out, on forms prescribed by the commissioner, and file with the commissioner a statement or return setting out, in detail, the stocks and/or bonds for the receipt of income from which the taxpayer is liable for the tax or taxes imposed by this chapter, each security to be set out separately, and listing opposite each such item or security the amount of income received from the item or security during the taxpayer's preceding tax year; and showing the amount of the tax owing by such person to the state of Tennessee; and showing the residence of the taxpayer at the time of the filing of the return, and the residence of such taxpayer as of twelve o'clock (12:00) noon on the last day of the taxpayer's preceding tax year. Any such statement or report shall be signed and verified by the oath of the president, vice president, treasurer, assistant treasurer or managing agent in this state of the association, trust or corporation making the statement or report. Returns filed by individuals shall contain or be verified by a written declaration that the return is made under the penalties of perjury. The commissioner has the power to require all such other information from any person filing a return as, in the commissioner's opinion, may be necessary to effectuate the purposes of this chapter. It is the duty of the department to provide suitable blanks and forms on which taxpayers, subject to this chapter, shall make their returns for taxation pursuant to this section. An extension of six (6) months in which to file the return required by this section, and to pay the tax shown to be due, shall be granted; provided, that a request for extension is made in writing by the taxpayer or the taxpayer's authorized representative on a form prescribed by the commissioner, or by providing a copy of the taxpayer's request for an automatic extension of time to file the federal income tax return for the corresponding tax period. The request shall not be filed on the original due date of the return, but, instead, shall be attached to the return filed on or before the extended due date. Interest, as provided by § 67-1-801(a), shall attach to the unpaid amount due, from the original due date of the return until the date paid. If the taxpayer fails to file the request for extension required by this subsection (e), or if the return is not filed with payment of the tax shown to be due by the extended due date, penalty as provided by § 67-1-804 shall attach as though no extension had been granted. As used in this subsection (f), “perfection period” means a period of ten (10) calendar days, beginning with the day after date of the first transmission of an electronic return that is subsequently rejected by the commissioner, for the taxpayer to either: Correct any errors in the return that cause it to fail to meet any of the validation criteria set by the commissioner and retransmit it; provided, that the commissioner subsequently accepts the corrected return; or File a paper return postmarked on or before the expiration of the ten (10) calendar days; provided, that the taxpayer is not required to electronically file or the commissioner grants the taxpayer permission to file the return on paper. A taxpayer's electronically filed return shall be treated as filed on the date of the last transmission prior to the return being accepted by the commissioner, except as provided in subdivision (f)(3). A taxpayer's paper return shall be treated as filed when mailed and postmarked, except as provided in subdivision (f)(3). A return that complies with the requirements of the perfection period shall be treated as filed on the date of the first electronic transmission. Acts 1931 (2nd Ex. Sess.), ch. 20, § 6; 1949, ch. 185, § 1; mod. C. Supp. 1950, § 1123.6; Acts 1955, ch. 135, § 2; impl. am. Acts 1959, ch. 9, § 14; Acts 1967, ch. 176, § 3; T.C.A. (orig. ed.), § 67-2614; Acts 2005, ch. 499, § 16; 2018, ch. 1048, § 1. Compiler's Notes. Acts 2005, ch. 499, § 91 provided, in part, that § 16 of the act shall apply to tax periods ending on or after December 31, 2004. For the Preamble to the act concerning electronic filing of tax returns, please see Acts 2018, ch. 1048. Acts 2018, ch. 1048, § 3 provided that the act, which amended this section, shall apply to tax returns filed on or after October 1, 2018. Amendments. The 2018 amendment, effective October 1, 2018, added (f). Effective Dates. Acts 2018, ch. 1048, § 3. October 1, 2018. Cited: Anderson v. Security Mills, 175 Tenn. 197, 133 S.W.2d 478, 1939 Tenn. LEXIS 30 (1939).