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TN SB2103

TN SB2103
AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 1 and Title 67, Chapter 4, relative to franchise taxes.


summary

Introduced
01/29/2024
In Committee
Crossed Over
03/21/2024
Passed
04/29/2024
Dead
Signed/Enacted/Adopted
05/13/2024

Introduced Session

113th General Assembly

Bill Summary

As enacted, authorizes the commissioner of revenue to issue refunds under certain conditions to taxpayers who properly file a claim for refund for franchise taxes paid; makes related changes. - Amends TCA Title 67, Chapter 1 and Title 67, Chapter 4.

AI Summary

This bill: - Authorizes the Commissioner of Revenue to issue refunds under certain conditions to taxpayers who properly file a claim for refund for franchise taxes paid between May 15, 2024 and November 30, 2024, with certain requirements and limitations. This is intended to address an issue related to the franchise tax's "minimum tax base" provision that was found to be unconstitutional. - Makes various other changes to the franchise tax law, including deleting the minimum tax base provision, defining "exempt inventory" and "finished goods inventory", and making changes to the calculation and reporting of the franchise tax. - Establishes a designated fund to pay the refunds and sets a deadline for any remaining funds to revert to the general fund. - Requires the Attorney General to review and approve the Department of Revenue's process for reviewing refund claims before the department can process them. - Imposes a deadline of November 30, 2024 for filing any lawsuits challenging the franchise tax as unconstitutional on internal consistency grounds. The overall purpose of the bill is to address issues with the franchise tax and provide refunds to taxpayers who were improperly charged under the now unconstitutional minimum tax base provision.

Committee Categories

Budget and Finance

Sponsors (5)

Last Action

Effective date(s) 05/10/2024 (on 05/13/2024)

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