CHAPTER NO. 657

SENATE BILL NO. 2239

By Ramsey, Atchley

Substituted for: House Bill No. 2224

By Gunnels, McDaniel

AN ACT To amend Tennessee Code Annotated, Section 67-1-703, to permit the Commissioner of Revenue to require electronic filing of certain returns, reports or other documents with the Department of Revenue.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 67-1-703, is amended by adding the following new subsection immediately following subsection (c) and by redesignating subsequent subsections accordingly:

The Commissioner of Revenue, in the commissioner's discretion, may require taxpayers who are required to electronically transfer any payment of twenty thousand dollars ($20,000) or more to the Department of Revenue to also electronically file the return, report or other document with which such electronically transferred payment is associated or on which credit for the payment electronically transferred is taken. In extenuating circumstances, the commissioner has discretionary authority to waive this requirement with respect to any taxpayer. To obtain a waiver, the taxpayer shall demonstrate in writing to the department that such circumstances exist. Any "return" or "tax information", as defined by Section 67-1-1701, electronically transferred under this provision shall constitute confidential information, the disclosure of which shall be subject to the provisions of Title 67, Chapter 1, Part 17.

SECTION 2. This act shall take effect October 1, 1998 but, prior to January 1, 2000, its provisions shall not apply to any return, report or other document to be filed with the department under the provisions of Title 67, Chapter 4, Parts 8 and 9 when the taxpayer is required to apportion such taxes, the public welfare requiring it.

PASSED:

March 12, 1998

APPROVED this 25th day of March 1998