2020 Tennessee Code
Title 47 - Commercial Instruments and Transactions
Chapter 25 - Trade Practices
Part 3 - Unfair Cigarette Sales
§ 47-25-302. Part Definitions

Universal Citation: TN Code § 47-25-302 (2020)

As used in this part, unless the context otherwise requires:

  1. “Basic cost of cigarettes” means the invoice cost of cigarettes to the retailer or the replacement cost of cigarettes to the retailer within thirty (30) days prior to the date of sale, in the quantity last purchased, whichever is lower, absent any cash or other discounts and/or concessions of any kind, to which shall be added the full face value of any stamps which may be required by any cigarette tax law of this state now in effect or hereafter enacted, and any other taxes or fees imposed by title 67, chapter 4, part 10, if not already included by the manufacturer in this list price;
  2. “Commissioner” means the commissioner of revenue;
  3. “Cost of doing business by the retailer” is:
    1. Eight percent (8%) of the basic cost of cigarettes to the retailer until June 30, 2015;
    2. Eleven percent (11%) of the basic cost of cigarettes to the retailer beginning July 1, 2015, until June 30, 2016;
    3. Thirteen percent (13%) of the basic cost of cigarettes to the retailer beginning July 1, 2016, until June 30, 2017; and
    4. Fifteen percent (15%) of the basic cost of cigarettes to the retailer beginning July 1, 2017, and thereafter;
  4. “Cost to the retailer” means the “basic cost of cigarettes” to the retailer plus the “cost of doing business by the retailer;”
  5. “Retailer” has the same meaning ascribed to the words “retail dealer” in § 67-4-1001;
  6. “Sell at retail,” “sales at retail” or “retail sales” means and includes any transfer of title to tangible personal property for a valuable consideration made in the ordinary course of trade or usual prosecution of the seller's business, to the purchaser for consumption or use; and
  7. “Tobacco distributor” or “person” has the same meaning as ascribed in § 67-4-1001.
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