48-8-52. Dealers’ duty to keep and produce records of sales, purchases, and invoices; examination and fixing by commissioner; assessment and collection of taxes.

1. (1)

   Each dealer required to make a return and pay any tax under this article shall keep and preserve:#

   1. (A)

      Suitable records of the sales and purchases taxable under this article;#

   2. (B)

      Other books of account which are necessary to determine the amount of tax due;#

   3. (C)

      Other information as required by the commissioner; and#

   4. (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. (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.#

In the event the dealer has imported tangible personal property and fails to produce an invoice showing the purchase price of each article subject to tax or if the invoice does not reflect the true or actual purchase price, the commissioner shall ascertain in any manner feasible the true purchase price and shall assess and collect the tax with interest and penalties as accrued on the true purchase 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.#

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.#