59-14-805. Remittance of tax -- Returns -- Invoice required -- Filing requirement-- Exception -- Penalty -- Overpayment.
(1) The manufacturer, jobber, distributor, wholesaler, retailer, consumer, or user that collects the tax imposed on an electronic cigarette product, an alternative nicotine product, or a nontherapeutic nicotine product shall remit to the commission, in an electronic format approved by the commission: the tax collected in the previous calendar quarter; and the quarterly tax return. The tax collected and the return are due on or before the last day of April, July, October, and January.
(2) A manufacturer, jobber, distributor, wholesaler, retailer, or any other person selling an electronic cigarette product, an alternative nicotine product, or a nontherapeutic nicotine product to a person other than the ultimate consumer shall furnish the purchaser with an itemized invoice showing: the seller's name and address; the name and address of the purchaser; the date of sale; the name and price of the product; and the discount, if any. The invoice shall show whether the price includes the tax. The seller and the purchaser shall retain copies of the invoice and make the invoice available for inspection at the request of the commission or the commission's agent for a period of three years following the sale.
(3) A consumer that purchases an untaxed electronic cigarette product, alternative nicotine product, or a nontherapeutic nicotine product for use or other consumption shall: file with the commission, on forms prescribed by the commission, a statement showing the quantity and description of the item subject to tax under this part; and pay the tax imposed by this part on that item. The consumer shall file the statement described in Subsectionand pay the tax due on or before the last day of the month immediately following the month during which the consumer purchased an untaxed electronic cigarette product, alternative nicotine product, or a nontherapeutic nicotine product. (3)(a)(i) A consumer shall maintain records necessary to determine the amount of tax the consumer is liable to pay under this part for a period of three years following the date on which the statement required by this section was filed.
(4) A tourist who imports an untaxed electronic cigarette product, an alternative nicotine product, or a nontherapeutic nicotine product into the state does not need to file the statement described in Subsectionor pay the tax if the item is for the tourist's own use or consumption while in this state. (3)
(5) In addition to the tax required by this part, a person shall pay a penalty as provided in Section, plus interest at the rate and in the manner prescribed in Section, if a person subject to this section fails to: 59-1-401 59-1-402 pay the tax prescribed by this part; pay the tax on time; or file a return required by this part.
(6) An overpayment of a tax imposed by this part shall accrue interest at the rate and in the manner prescribed in Section. 59-1-402