Taxes, Exemption and Credits - As enacted, entitles a claimant to a refund of the state and local sales and use tax paid by the claimant to retailers as a result of the claimant's purchases of major appliances, residential furniture, or residential building supplies that are used in the claimant's primary residence to replace, repair, or restore such items that were damaged or destroyed in a federally declared natural disaster in this state occurring on or after January 1, 2012. - Amends TCA Title 67, Chapter 6, Part 3.
SB2701 has been assigned Public Chapter Number 1013 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB2701Date
    Pub. Ch. 1013 05/21/2012
    Effective date(s) 05/15/1205/21/2012
    Signed by Governor05/15/2012
    Transmitted to Gov. for action.05/03/2012
    Signed by H. Speaker05/01/2012
    Signed by S. Speaker05/01/2012
    Enrolled and ready for signatures04/30/2012
    Adopted, Ayes 97, Nays 0 04/26/2012
    Am. withdrawn.(Amendment 2 - HA1233)04/26/2012
    Am. withdrawn.(Amendment 1 - HA0916)04/26/2012
    Subst. for comp. HB.04/26/2012
    Rcvd. from S., held on H. desk.04/26/2012
    Engrossed; ready for transmission to House04/25/2012
    Sponsor(s) Added.04/25/2012
    Passed S. as am., Ayes 30, Nays 004/25/2012
    S. adopted am.(Amendment 1 of 0 - SA1247)04/25/2012
    Placed on Senate Regular Calendar cal. for 4/25/201204/24/2012
    S. Reset on cal. for 4/25/201204/24/2012
    Placed on Senate Regular Calendar 2 cal. for 4/24/201204/20/2012
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 11, Nays 0 PNV 004/17/2012
    Placed on S. FW&M Comm. cal. for 4/17/201204/11/2012
    Ref. to S. F,W&M w/negative recommend03/13/2012
    Placed on S. Tax Sub Committee of F,W&M. cal. for 3/13/201203/07/2012
    Ref. to S. Tax Sub Comm.01/31/2012
    P2C, ref. to S. FW&M Comm.01/26/2012
    Intro., P1C.01/25/2012
    Filed for intro.01/23/2012
    Actions For HB2889Date
    Comp. became Pub. Ch. 101305/21/2012
    Comp. SB subst. 04/26/2012
    Sponsor(s) Added.04/26/2012
    H. Placed on Regular Calendar 2 for 4/25/201204/24/2012
    Placed on cal. Calendar & Rules Committee for 4/24/201204/19/2012
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee04/17/2012
    Placed on cal. Finance, Ways & Means Committee for 4/17/201204/11/2012
    Rec. for pass. if am. by s/c ref. to Finance, Ways & Means Committee04/11/2012
    Placed on s/c cal Finance Subcommittee for 4/11/201204/04/2012
    Action Def. in s/c Finance Subcommittee to 4/11/201204/04/2012
    Sponsor(s) Added.04/02/2012
    Placed on s/c cal Finance Subcommittee for 4/4/201203/28/2012
    Action Def. in s/c Finance Subcommittee to 4/4/201203/28/2012
    Placed on s/c cal Finance Subcommittee for 3/28/201203/21/2012
    Assigned to s/c Finance Subcommittee03/21/2012
    Rec. for Pass. if Am. ref. to: Finance, Ways & Means Committee03/20/2012
    Placed on cal. Commerce Committee for 3/20/201203/14/2012
    Rec. for pass. if am. by s/c ref. to Commerce Committee03/14/2012
    Placed on s/c cal Commerce Subcommittee for 3/14/201203/07/2012
    Assigned to s/c Commerce Subcommittee01/31/2012
    P2C, ref. to Commerce Committee--Finance01/26/2012
    Intro., P1C.01/25/2012
    Filed for intro.01/23/2012
  • AmendmentsFiscal Memos
    SA1247Amendment 1-1 to SB2701Fiscal Memo for SA1247 (16334)  
    AmendmentsFiscal Memos
    HA0916Amendment 1-1 to HB2889Fiscal Memo for HA0916 (14144)  
    HA1233Amendment 2-1 to HB2889Fiscal Memo for HA1233 (16334)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB2701

  • Fiscal Summary

    Increase State Expenditures - $1,201,000/One-Time


    Bill Summary

    This bill entitles a claimant to a refund of the total amount of state and local sales and use tax paid by the claimant as a result of the claimant's purchases of applicable major appliances, residential furniture, or residential building supplies from retailers between 12:01 a.m. on March 23, 2011, and 11:59 p.m. on December 31, 2011, or between 12:00 a.m. on January 1, 2012, and 11:59 p.m. on April 30, 2012. However, the total amount refunded in connection with any one residence may not exceed $2,500. "Claimant" means any person receiving disaster assistance through FEMA, receiving an insurance settlement, or filing an insurance claim for damages, as a result of a disaster in this state occurring between March 23, 2011, and May 12, 2011. The refund only applies to purchases of major appliances, residential furniture, and residential building supplies that are used in the claimant's primary residence to replace such items that were damaged or destroyed in a disaster in this state occurring between March 23, 2011, and May 12, 2011. However, the sales price of a major appliance, or of a piece of residential furniture, may not exceed $3,200 and the sales price of an item of residential building supplies may not exceed $500.

    To receive the refund, a claimant must file an application with the department of revenue by February 29, 2012, for purchases made prior to January 1, 2012, or by June 30, 2012, for purchases made prior to May 1, 2012. Any claimant who filed an application by February 29, 2012, and who did not receive a refund in an amount equal to $2,500 may file an additional refund application by June 30, 2012, for eligible purchases made during the period between March 23, 2011, and December 31, 2011, for which no claim for refund has been filed, or eligible purchases made after December 31, 2011, but prior to May 1, 2012.

    The department must develop guidelines concerning the administration of the refund, and such guidelines must be posted on the department's web site.

    The department may assess a civil penalty of up to $25,000 against any person that knowingly files a false or fraudulent application for refund under this bill. Any claimant that is assessed such a penalty would be entitled to the present law taxpayer remedies for disputed taxes.

    This bill would be repealed on January 1, 2013.

    ON APRIL 25, 2012, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2701, AS AMENDED.

    AMENDMENT #1 rewrites the bill and entitles a claimant to a refund of the state and local sales and use tax paid by the claimant to retailers as a result of the claimant's purchases of major appliances, residential furniture, or residential building supplies that are used in the claimant's primary residence to replace, repair, or restore such items that were damaged or destroyed in a federally declared natural disaster in this state occurring on or after January 1, 2012. However, the sales price of a major appliance or of a piece of residential furniture may not exceed $3,200, the sales price of an item of residential building supplies may not exceed $500, and the total amount refunded in connection with any one residence may not exceed $2,500. "Claimant" means any person receiving federal disaster assistance through FEMA for repair, replacement, or construction of the person's primary residence that was damaged or destroyed as a result of a natural disaster occurring in Tennessee.

    To receive the refund a claimant may file only one natural disaster claim for refund with the department of revenue, and must file such claim within one year from the date shown on the FEMA decision letter received by the claimant. The claimant must also certify on the natural disaster claim for refund form that purchases for which the refund is claimed were to replace, repair or restore property damaged in a federally declared natural disaster occurring in the state, and all natural disaster claims for refund must include satisfactory proof of receipt of federal disaster assistance.

    Each claimant must keep and preserve suitable records of the purchases for which a refund is claimed pursuant to this section, including store receipts and copies of payment documents such as checks, credit card receipts, or a sworn statement under penalty of perjury to support any purchases made using cash. Such records must be kept and preserved for a period of three years from December 31 of the year in which the natural disaster claim for refund was filed. Such records must be open to the inspection of the commissioner of revenue, or the commissioner's delegates, at all reasonable hours. The commissioner may conduct audits or require the filing of additional information necessary to substantiate the amount of any refund due to the claimant.

    The department may assess a civil penalty of up to $25,000 against any person that knowingly files a false or fraudulent application for refund under this amendment. Any claimant that is assessed such a penalty would be entitled to the present law taxpayer remedies for disputed taxes.

    All refunds under this amendment would be paid from the state's general fund, and this amendment would not reduce the amount of sales and use tax payable to local governments.

  • FiscalNote for SB2701/HB2889 filed under SB2701
  • House Floor and Committee Votes

    House moved to substitute and conform to HB2889

    SB2701 by Bell - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 4/26/2012
    Passed
              Ayes...............................................97
              Noes................................................0

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Campbell, Camper, Carr, Casada, Casada, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Favors, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tidwell, Todd, Towns, Turner J, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 97.

              HB2889 by Watson - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 2 4/24/2012
              Voice Vote - Ayes Prevail

              HB2889 by Watson - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 4/17/2012
              Voice Vote - Ayes Prevail

              HB2889 by Watson - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 4/11/2012
              Voice Vote - Ayes Prevail

              HB2889 by Watson - HOUSE BUSINESS AND UTILITIES COMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 3/20/2012
              Voice Vote - Ayes Prevail

              HB2889 by Watson - HOUSE BUSINESS AND UTILITIES SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Commerce Committee 3/14/2012
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB2701 by Bell - FLOOR VOTE: THIRD CONSIDERATION AMENDED 4/25/2012
    Passed
              Ayes...............................................30
              Noes................................................0

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Henry, Johnson, Kelsey, Ketron, Kyle, Marrero, Massey, McNally, Norris, Overbey, Roberts, Southerland, Stewart, Summerville, Tracy, Watson, Yager, Mr. Speaker McNally -- 30.

    SB2701 by Bell - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/17/2012
    Passed
              Ayes...............................................11
              Noes................................................0

              Senators voting aye were: Finney L, Gresham, Haynes, Henry, Kelsey, Ketron, Kyle, McNally, Norris, Overbey, Watson, Mr. Speaker McNally -- 11.