Title 48, Chapter 8, Section 58
( 48-8-58)
(a)(1) As used in this subsection, the term "return allowance"
means the amount of the sales price or cost price refunded by the
dealer to the purchaser in cash or credit. No credit shall be
allowed to the dealer under this subsection for taxes collected by
him from the purchaser unless the taxes collected have been
returned by him to the purchaser. (2) When property sold is subsequently returned by agreement to
the dealer by the purchaser, the dealer shall be entitled to
credit for the tax imposed by this article with respect to the
return allowance, in the manner prescribed by the commissioner, as
follows: (A) If property is returned within 90 days from the date of
sale, the dealer in his original return for the taxable period
in which the return of the property is allowed by him may deduct
from his gross sales the amount of the return allowance; (B) If property is returned more than 90 days from the date of
sale, no credit shall be allowed except upon application for a
credit memorandum in the amount of the tax imposed with respect
to the return allowance. The application shall be made and the
credit memorandum issued in the manner prescribed by the
commissioner. The application shall be made within the time
provided by law for the filing of claims for refund. The credit
memorandum shall be applied by the dealer to his liability for
each succeeding taxable period until exhausted; or (C) When a dealer has retired from business and has filed a
final return, a claim for refund of the tax for which the dealer
would be entitled to credit under this subsection may be filed
within the time and in the manner prescribed by law. (b) The commissioner shall make available to dealers all necessary
forms for filing returns and instructions to ensure a full
collection from dealers and an accounting for the taxes due. Failure
of any dealer to secure the commissioner's forms shall not relieve
the dealer from the payment of the tax at the time and in the manner
provided in this article. |