Title 48, Chapter 8, Section 52
( 48-8-52)
(a)(1) Each dealer required to make a return and pay any tax under
this article shall keep and preserve: (A) Suitable records of the sales and purchases taxable under
this article; (B) Other books of account which are necessary to determine the
amount of tax due; (C) Other information as required by the commissioner; and (D) For a period of three years, all invoices and other records
of goods, wares, merchandise, and other subjects of taxation
under this article. (2) All books, invoices, and other records required to be kept by
this subsection shall be open to examination at all reasonable
hours by the commissioner or any of his duly authorized agents. (b) In the event the dealer has imported tangible personal property
and fails to produce an invoice showing the cost price of each
article subject to tax or if the invoice does not reflect the true
or actual cost price, the commissioner shall ascertain in any manner
feasible the true cost price and shall assess and collect the tax
with interest and penalties as accrued on the true cost price as
assessed by the commissioner. The assessment so made shall be
considered prima facie correct and the burden to show the contrary
shall rest upon the dealer. (c) In the case of the lease or rental of tangible personal property when the consideration reported by the dealer does not, in the judgment of the commissioner, represent the true or actual consideration, the commissioner may fix the true or actual consideration and collect the tax on the consideration in the same manner as provided in Code Section 48-8-51, with interest and penalties as accrued. |