Tennessee Code Annotated
Tenn. Code Ann. § 67-4-2806 (2026)
Payment of tax
✓ current as of May 2026
- (a) The tax imposed by this part pursuant to § 67-4-2803, evidenced by a stamp issued by the commissioner and permanently affixed to unauthorized substances pursuant to subsection (b), is payable by a merchant within forty-eight (48) hours after the merchant acquires actual or constructive possession of unauthorized substance on which a stamp has not been affixed, exclusive of Saturdays, Sundays, and legal holidays of this state, in which case the tax is payable on the next working day. If the tax is not paid within forty-eight (48) hours, the tax shall become delinquent and shall accrue penalty and interest pursuant to chapter 1, part 8 of this title.
- (b) Upon payment of the tax and receipt of the tax stamps, the merchant shall permanently affix the appropriate stamps to the unauthorized substance.
- (c) Once the tax due levied pursuant to this part has been paid, no additional tax is due and payable by a merchant in accordance with this part who may subsequently acquire or handle the unauthorized substance on which an appropriate stamp has been affixed.
- (d) If a merchant is found in possession of a substance taxable under this part on which an appropriate stamp has not been affixed, it shall be presumed the merchant has been in possession of such substance for longer than forty-eight (48) hours, exclusive of Saturdays, Sundays, and legal holidays of this state.
Acts 2004, ch. 803, § 7; 2010, ch. 962, § 1.
Notes of Decisions
Cited in 2
cases, 2008–2009 · leading case: Steven Waters v. Reagan Farr, Comm'r of Revenue for the State of Tennessee, 291 S.W.3d 873 (Tenn. 2009).
Steven Waters v. Reagan Farr, Comm'r of Revenue for the State of Tennessee, 291 S.W.3d 873 (Tenn. 2009). “” Tenn. Code Ann. § 67-4-2806 (2006). The Department of Revenue will assess a tax against any “dealer who possesses an unauthorized substance to which a stamp has not been affixed.”
State of Tennessee v. John Shields (Tenn. Crim. App. 2008). “” Tenn. Code Ann. § 67-4-2806 . Upon payment of the tax, the commissioner will issue a stamp, which must be permanently affixed to the controlled substance.”
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