Exemptions

It is extremely important that any organization seeking a Tennessee property tax exemption apply for every parcel of property upon which an exemption is sought. In the case of an exemption for tangible personal property, an applicant should identify any taxing identification information received from the county assessor of property and identify the personal property being applied for. 

Once an application is submitted, our office will review the application to ensure it includes all the required information and documentation to be considered properly filed with the board. This includes, but is not limited to, ensuring all required fields on the application have been completed and all required documentation is present.

Properly filed applications are then forwarded to an attorney for review who will issue an Initial Determination or send a request for additional information. There is currently no established time-frame for how long the review process may last. Although our office aspires to process every application in a professional and expedient manner, applicants should allow a maximum of approximately six (6) months for processing. Applicants may check the status of their application by using the SBOE Public Portal. 

Under general exemption law, property owned by a religious, charitable, scientific, or non-profit educational institution and used for an exempt purpose may qualify for exemption. Other types of property might also be exempt, like non-profit theaters, community art centers, or non-profit museums and may be subject to more specific requirements.

State law sets out some basic requirements:

Applications for exemption require the following documentation to be included with an application: 

• Proof of ownership of real property (a copy of the warranty or quitclaim deed). In the case of tangible personal property a schedule identifying the property applied for and, if applicable, the identifying taxing information received from the county assessor of property. 
• If the organization is incorporated, a copy of the corporate charter and bylaws. 
• If the organization is unincorporated, a copy of any document(s) explaining the organization's governing structure. 
• Financial information for the last fiscal year (i.e., Form 990 if required by the IRS, a budget for the organization, an income/expense statement, or other similar documentation). 
• A non-aerial photograph of the property. 

Property undergoing construction at the time of application is eligible to receive a full or partial property tax exemption. If an application has been filed with the State Board of Equalization and construction lasts less than twelve (12) months, then a full property tax exemption for the constructed improvements and a necessary portion of the underlying land may be approved. If construction lasts more than twelve (12) months, only the improvements undergoing construction are eligible for a property tax exemption.

Subject to the same Effective Dates as a typical application, an application for property undergoing construction must be timely filed before or within thirty (30) days of when construction begins. The State Board of Equalization will then review and, if necessary, hold any pending applications for approximately (12) twelve months pending the completion of construction. If construction lasts more than twelve (12) months a partial exemption may be issued, and the applicant may have to re-apply for an exemption on the underlying land once construction has completed.

An organization may lease all or a portion of its property and still acquire or maintain a property tax exemption so long as the following requirements are met:

1.       The owner of the property must be a qualifying religious, charitable, scientific, or nonprofit educational organization eligible to receive a property tax exemption.

2.       The occupant organization (i.e. the lessee or renter) must also be a qualifying religious, charitable, scientific, or nonprofit educational organization eligible to receive a property tax exemption.

3.       The property must be occupied and actually used for a religious, charitable, scientific, or nonprofit educational purpose. 

An organization has an ongoing responsibility to report any change in use which could affect their exempt status to the local county assessor of property. Organizations currently receiving a property tax exemption who have begun or wish to begin renting to another organization should update the local county assessor of property and the State Board of Equalization.  

The Effective Date is the point in time when the property is taken off of the tax roll. Applications approved for exemption typically only become effective beginning the tax year in which the application is filed. Effective Dates are controlled by Tennessee Statute and may be found in Tenn. Code Ann. § 67-5-212(b)(3). 

Approved applications filed before May 20 have an effective date of either January 1 of the tax year, the date ownership began, or the date use of the property began, whichever is later. Approved application filed after May 20 may be effective as of the date the exempt use began so long as the application is filed within thirty (30) days the date the exempt use began; otherwise, approved applications will be effective as of the date the application is submitted to the state board of equalization, assuming use has already begun. 

Organizations that are IRS 501(c) (3) are not automatically exempt from property taxes. You should file an application, and we will determine if the organization meets the statutory requirements for exemption.

For purposes of the payment of taxes, an exemption application is treated the same as an appeal of a property's value. Tenn. Code Ann. § 67-5-212(b)(1). The law requires that you pay at least the undisputed portion of your taxes prior to the delinquency date to avoid penalties and interest. See Tenn. Code Ann. § 67-5-1512(b). For exemptions, the 'disputed portion' of taxes is often the entire amount owed. If an applicant has a good faith claim to believe a 100% exemption will be approved then an applicant may elect to make no payment of taxes. However, it is best to confirm your claim and non-payment with your collecting official. 

Once an Initial Determination is issued, assuming no party has appealed, the taxpayer will owe the amount of any underpayment of taxes or is eligible for a refund of any taxes paid, along with interest at the rate provided by law.

County taxes for the year under appeal may be obtained from the office of county trustee.  City taxes (if any) may be obtained from the city collecting official, who may be either the city treasurer, city recorder, or the county trustee, who sometimes also serves as the city tax collector.

The interest rate applicable to taxes under appeal is the composite prime rate published by the Federal Reserve Board, minus two points. (available below).

Life Cycle of an Exemption Appeal

The life cycle of an exemption appeal is the same as the life cycle of a value appeal. 

Appeal to an administrative judge:

An organization may appeal an Initial Determination by filing an online appeal within 90 days from the date notice of the determination was sent.  

Once an appeal has been properly filed with the office of the State Board of Equalization the exemption application, Initial Determination, and entire application file will be forwarded to an administrative law judge for review and a hearing. While there is no specific timeframe for the scheduling of hearings before an administrative law judge, the taxpayer and county assessor will receive a notice approximately thirty (30) days in advance of any scheduled hearing.

An Initial Decision and Order regarding a taxpayer's appeal will be issued by the administrative judge within ninety (90) days of the hearing. A taxpayer has thirty (30) days from the date the Initial Decision & Order is sent to file a written petition requesting a review by the State Board of Equalization. Otherwise, the Initial Decision & Order becomes the final decision of the State Board of Equalization.

The State Board of Equalization: 

A party who desires the State Board of Equalization to review an Initial Decision & Order must file a written petition with the Executive Secretary of the State Board of Equalization within  thrity (30) days from date the order was sent.  Review by the State Board of Equalization is permissive and not guaranteed. Parties who petition for review by the board will be notified if their petition is granted. 

Written petitions should be emailed to sb.web@cot.tn.gov  and a hard copy mailed to:

Tennessee Comptroller of the Treasury/State Board of Equalization,
Cordell Hull Building
425 Rep. John Lewis Way N.
Nashville, TN 37243 

A copy of the written petition should also be sent to the Administrative Procedures Division of the Secretary of State's office.

Chancery Court:

A taxpayer wishing for judicial review of a final action of the State Board of Equalization must file a petition in the county where the disputed assessment was made or in an appropriate chancery court within sixty (60) days from when the order of the State Board of Equalization becomes final.