Tennessee Constitution

Article II, § 28

Tennessee Const. art. II, § 28

This text of Tennessee Const. art. II, § 28 is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

JurisdictionTennesseeDocumentConstitution
ArticleII
Section§ 28
CitationTennessee Const. art. II, § 28
Bluebook
Tenn. Const. art. II, § 28.

Full Text

In accordance with the following provisions, all property real, personal or mixed shall be subject to taxation, but the Legislature may except such as may be held by the State, by Counties, Cities or Towns, and used exclusively for public or corporation purposes, and such as may be held and used for purposes purely religious, charitable, scientific, literary or educational, and shall except the direct product of the soil in the hands of the producer, and his immediate vendee, and the entire amount of money deposited in an individual’s personal or family checking or savings accounts. For purposes of taxation, property shall be classified into three classes, to wit: Real Property, Tangible Personal Property and Intangible Personal Property. Real property shall be classified into four (4) subclassifications and assessed as follows: (a) Public Utility Property, to be assessed at fifty-five (55%) per cent of its value; (b) Industrial and Commercial Property, to be assessed at forty (40%) per cent of its value; (c) Residential Property, to be assessed at twenty-five (25%) per cent of its value, provided that residential property containing two (2) or more rental units is hereby defined as industrial and commercial property; and (d) Farm Property, to be assessed at twenty-five (25%) per cent of its value. House trailers, mobile homes, and all other similar movable structures used for commercial, industrial, or residential purposes shall be assessed as Real Property as an improvement to the land where located. The Legislature shall provide, in such a manner as it deems appropriate, tax relief to elderly low-income taxpayers through payments by the State to reimburse all or part of the taxes paid by such persons on owner-occupied residential property, but such reimbursement shall not be an obligation imposed, directly or indirectly, upon Counties, Cities, or Towns. By general law, the Legislature may authorize the following program of tax relief: (a) The legislative body of any county or municipality may provide by resolution or ordinance that: 1. Any taxpayer who is sixty-five (65) years of age or older and who owns residential property as the taxpayer’s principal place of residence shall pay taxes on such property in an amount not to exceed the maximum amount of tax on such property imposed at the time the ordinance or resolution is adopted; 2. Any taxpayer who reaches the age of sixty-five (65) after the time the ordinance or resolution is adopted, who owns residential property as the taxpayer’s principal place of residence shall thereafter pay taxes on such property in an amount not to exceed the maximum amount of tax on such property imposed in the tax year in which such taxpayer reaches age sixty-five (65); and 3. Any taxpayer who is sixty-five (65) years of age or older who purchases residential property as the taxpayer’s principal place of residence after the taxpayer’s sixty-fifth birthday shall pay taxes in an amount not to exceed the maximum amount of tax imposed on such property in the tax year in which such property is purchased. (b) Whenever the full market value of such property is increased as a result of improvements to such property after the time the ordinance or resolution is adopted, then the assessed value of such property shall be adjusted to include such increased value and the taxes shall also be increased proportionally with the value. (c) Any taxpayer or taxpayers who own residential property as their principal place of residence whose total or combined annual income, or wealth exceeds an amount to be determined by the General Assembly shall not be eligible to receive the tax relief provided in subsection (a) or (b). The Legislature may provide tax relief to home owners totally and permanently disabled, irrespective of age, as provided herein for the elderly. Tangible Personal Property shall be classified into three (3) subclassifications and assessed as follows: (a) Public Utility Property, to be assessed at fifty-five (55%) per cent of its value; (b) Industrial and Commercial Property, to be assessed at thirty (30%) per cent of its value; and (c) All other Tangible Personal Property, to be assessed at five (5%) per cent of its value; provided, however, that the Legislature shall exempt Seven Thousand Five Hundred ($7,500) Dollars worth of such Tangible Personal Property which shall cover personal household goods and furnishings, wearing apparel and other such tangible property in the hands of a taxpayer. The Legislature shall have power to classify Intangible Personal Property into subclassifications and to establish a ratio of assessment to value in each class or subclass, and shall provide fair and equitable methods of apportionment of the value of same to this state for purposes of taxation. Banks, Insurance Companies, Loan and Investment Companies, Savings and Loan Associations, and all similar financial institutions, shall be assessed and taxed in such manner as

Add this to your briefcase to access full text.

Cite This Page — Counsel Stack

Bluebook (online)
Tennessee Const. art. II, § 28, Counsel Stack Legal Research, https://law.counselstack.com/constitution/tn/II/28.