Current through December 10, 2024
Section 1320-04-03-.01 - AFFIXING AGENT-APPOINTMENT OF(1) The Commissioner of Revenue may, upon receipt of application and appropriate bond, appoint licensed manufacturing distributors and wholesale dealers and jobbers as affixing agents for the purpose of purchasing and affixing cigarette tax stamps to cigarettes and paying tax on cigars and other tobacco products as required by law, except as hereinafter provided tax on cigars and other tobacco products as required by law, except as hereinafter provided.(2) The Commissioner may, in his discretion, refuse to appoint a manufacturing distributor or wholesale dealer and jobber as an affixing agent if there is evidence that such applicant or any other individual having a controlling interest is said applicant's business, has, prior to his application, had his license revoked or suspended for violating the Tennessee Tobacco Tax Law or Rules and Regulations promulgated pursuant thereto, or has been found guilty in a court of law of violating the tobacco laws of the State of Tennessee or is delinquent in the payment of the tobacco tax. The Commissioner may also revoke or suspend any appointment as an affixing agent previously made by him after a show cause hearing held pursuant to T.C.A. § 67-4-1021.(3) Wholesale dealers and jobbers, manufacturing distributors and any other licensee appointed as agent to purchase and affix cigarette tax stamps or pay tax in other prescribed manner shall execute and file with the Commissioner a tobacco tax stamp affixing agent's bond for each separate location or place of business in the amount of $100.00 for each $10,000.00 of fraction thereof, of the tax liability on an average month's purchases of tobacco products by a Tennessee domiciled licensee and on an average month's sales of tobacco products in Tennessee by a non-resident licensee. The minimum bond shall be $2,000.00. A surety bond in the penal sum of $20,000.00 is required prior to licensing a tobacco manufacturer's warehouse.Tenn. Comp. R. & Regs. 1320-04-03-.01
Original rule filed certified June 7, 1974. Amendment filed April 30, 1975; effective May 30, 1975. Amendment filed April 15, 1987; effective July 29, 1987.Authority: T.C.A. §§67-3108 and 67-101.