§ 67-4-3203 — Collection and administration

(a) Any surcharge shall be levied, collected, and administered in the same manner as the applicable underlying local tax, and shall be subject to the same conditions, limitations, exemptions, credits, returns, and other requirements as are applicable to the underlying local tax. (b) The taxpayer shall have the remedies applicable to the underlying local tax. (c) Any penalty and interest applicable to the underlying local tax shall be applicable to the surcharge. (d) For any surcharge that the department of revenue administers and collects, the department of revenue shall administer and collect the surcharge as follows: (1) In collecting and administering a surcharge levied under this part, the commissioner of revenue shall have the same powers as the commissioner has in collecting and administering the underlying tax; (2) The department shall remit the proceeds of the surcharge to the local government levying the surcharge, less an administrative fee of one and one hundred twenty-five thousandths percent (1.125%) to cover its expenses of administering the collection and remittance of the surcharge; and (3) Upon any claim of illegal assessment or collection, the taxpayer shall have the remedies provided in § 67-1-1438 , and chapter 1, part 18 of this title, it being the intention of the general assembly that the law which applies to the recovery of underlying taxes illegally assessed or collected be conformed to apply to the recovery of surcharges illegally assessed or collected under this part. (e) Any surcharge on the business tax shall be applied to all persons subject to the tax and shall be calculated based on their applicable rates and classifications pursuant to § 67-4-709 .

Legislative History

Added by 2017 Tenn. Acts, ch. 181,s 27, eff. 4/26/2017.