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The recent change to require electronic filing of certain taxes is based on the Department of Revenue's continuing effort to increase efficiency in the collection process. It is authorized by 2012 Public Chapter No. 657 (see Tennessee Code Annotated 67-1-115 ).
This law authorizes the Commissioner of Revenue to require that any return, including any payment that accompanies the return, be submitted electronically. This act may apply to any tax, regulatory or other provision of law administered by the Department. The Commissioner has required that Tennessee franchise and excise taxes, sales and use tax, the individual "Hall" income tax and the professional privilege tax be filed electronically. For the individual income and franchise and excise taxes, some exceptions apply. Those exceptions are detailed in the chart here.
Additionally, under state law, the commissioner is authorized to impose, or allow third-party service providers to impose, a surcharge or convenience fee on taxpayers making payment using a credit card (Tennessee Code Annotated 67-1-703 (2011)).
The electronic filing requirement allows the department to process tax returns and payments more quickly and more efficiently. It also results in a significant cost savings to the state, which benefits all Tennessee residents.
Yes. If the electronic filing requirement creates a hardship upon the taxpayer, the taxpayer may file any return, including any payment that accompanies the return, in paper form. Generally, hardship exceptions will include taxpayers who do not own a computer; taxpayers who do not have access to the internet; and taxpayers whose religious beliefs prohibit the use of computers and related technology.
While the commissioner is authorized to require that any such paper filing be accompanied by a manual handling fee, no fee is being charged at this time.
If you want to be considered for a hardship exemption, please submit a letter explaining the hardship to: Tennessee Department of Revenue, Electronic Commerce Unit, 500 Deaderick St., Nashville, TN 37242.
The department's electronic check payment process requires the taxpayer to create an electronic payment by inputting the bank routing number and bank account number, along with the amount of the payment. This process uses only the information that is found on the front of the taxpayer's check.
If a payment is made by paper check, the department keeps an electronic image of that check (which shows the account number and other information) for several years, as required by law. If, on the other hand, the taxpayer inputs the bank account information to create an electronic payment, the department retains the information only if the taxpayer files monthly or quarterly sales tax returns. For monthly and quarterly electronic sales tax filers, the bank account information is retained only until the next return is filed. For all other taxpayers who file electronically, the bank account information is not retained by the department after the payment is processed.
No. The department cannot take money out of a taxpayer's bank account except as authorized by law. The department generally must follow strict procedures, including providing notice to the taxpayer, before debiting a taxpayer's account. Obviously, taking money out of a taxpayer's bank account for no reason would be against the law and is not a practice of the Department of Revenue.
Payment by paper check essentially follows the same process as electronic payment. Many of the challenges we face at the Department of Revenue are related to technology and its fast pace of development. The processing of bank payments, for private business and government both, has changed dramatically over the last few years. As a matter of industry practice, many transactions clear with no actual paper check ever being deposited. Rather, for those transactions that are still paid by paper check, the bank routing number and bank account number are read by a scanner and an "electronic check" is created and transmitted to the bank so that an account can be debited. Thus, payment by paper check is essentially the same process as described above.
No. You have the option of filing your return without a payment. However, you are required to make payments using an electronic payment option by the due date to avoid the assessment of penalty and interest. This would mean either remitting payment by ACH Debit or ACH Credit.
Yes. Taxpayer confidentiality provisions in state law (Tenn. Code Ann. Section 67-1-1702) say all returns, tax information and tax administration information is confidential. In addition, except as authorized in the law, no officer or employee of the state or any other person who has access to such information can disclose it.
Do you have any additional questions? Contact the Department of Revenue's Electronic Commerce Hotline at (866) 368-6374 or (615) 253-0704.