§ 67-8-201. Short Title
This part shall be known and may be cited as the “Tennessee Estate Tax Law.”
§ 67-8-202. Part Definitions
As used in this part, unless the context otherwise requires: “Credit” means the maximum credit for any estate, inheritance, legacy, or succession taxes paid to any state or territory or the District of Columbia, allowable with respect to the gross federal estate tax by § 2011 of the Internal Revenue Code of 1954 (26 U.S.C. […]
§ 67-8-203. Construction With Federal Law
In the application of this part, chapter 11 of the Internal Revenue Code of 1954 (26 U.S.C. § 2001 et seq.), or of any amendment thereto, or of any substituted act, insofar as may be necessary, shall be applied to the same extent as if the provisions were set forth in this part. Except as […]
§ 67-8-204. Tax Imposed
In addition to any inheritance, succession and/or estate tax or taxes imposed by the state of Tennessee under the authority of any other statute or statutes, a Tennessee estate tax is imposed for the exclusive use of the state upon the transfer of the Tennessee estate of every decedent, the amount of which Tennessee estate […]
§ 67-8-205. Tax for Use of State
The tax imposed by this part is a tax exclusively for the use of the state, and no county, municipality or taxing district shall have power to levy any like tax.
§ 67-8-206. Tax Charged Upon Entire Estate — Affidavit
The Tennessee estate tax shall be charged upon the entire Tennessee estate of the decedent, and the executor shall pay the tax to the commissioner of revenue, and shall file with such commissioner an affidavit showing: The amount of the federal estate tax before allowing the maximum credit for taxes of any of the kinds […]
§ 67-8-207. Time for Payment
The Tennessee estate tax shall be payable at the same time or times at which the federal estate tax is payable.
§ 67-8-208. Adjustment Upon Change in Federal Tax Payment
If the amount of federal estate tax is, upon the final determination of the federal estate tax, increased or decreased as affecting an estate the transfer of any part whereof is taxable hereunder subsequent to the payment of the Tennessee estate tax, the Tennessee estate tax imposed shall be changed accordingly. Any additional estate tax […]
§ 67-8-209. Payment by Person Other Than Executor or Administrator — Reimbursement
If the Tennessee estate tax or any part thereof is paid, or collected out of that part of the Tennessee estate passing to or in possession of any person other than the executor or administrator in the executor’s or administrator’s capacity as such, such person shall be entitled to reimbursement out of any part of […]
§ 67-8-210. Commissioner to Pay Over Revenue
The commissioner of revenue shall account to the comptroller of the treasury for all moneys so collected monthly, less not more than two and one-half percent (2.5%) thereof for expenses of administration, who shall receipt therefor and forthwith pay over to the state treasurer all moneys thus received, who shall place the moneys to the […]
§ 67-8-211. Rules and Regulations
The commissioner of revenue is empowered to make all necessary rules and regulations not inconsistent with the terms of this part, which shall have the force and effect of law, for the purpose of fully carrying out and giving effect to this part.
§ 67-8-212. [reserved.]
Upon the payment of the tax, the commissioner of revenue shall issue receipt therefor in duplicate to the executor. Upon the payment of a fee of one dollar ($1.00) to the commissioner, which fee shall accrue to the state, the executor or any other person shall be entitled to receive from the commissioner a certificate […]
§ 67-8-214. [reserved.]
The commissioner may, in the commissioner’s discretion, institute suit in the name of the state of Tennessee, in any court of competent jurisdiction for the collection of the tax imposed by this part in the event the tax is not paid when due. Such suit shall be for the amount of the tax due, with […]
§ 67-8-216. Assistants to Commissioner
The commissioner may employ necessary agents, representatives and assistants for the enforcement of this part, and the expense of their employment and all incidental expenses shall be defrayed out of the two and one-half percent (2.5%) of the moneys collected as provided in § 67-8-206, and, in case of suit, out of the penalty provided […]
§ 67-8-217. Violations — Penalties
It is a Class C misdemeanor for any executor to fail to file any affidavit or duplicate federal tax return or other instrument required by this part to be filed, or to pay the tax imposed by this part when payable hereunder, or to comply with and obey any rule or regulation promulgated by the […]