§ 67-5-1301 — Assessment by comptroller of the treasury

Tennessee § 67-5-1301

• Jurisdiction: Tennessee
• Title: 67

Text

(a) The comptroller of the treasury is authorized and directed to assess for taxation, for state, county, and municipal purposes, all of the properties of every description, tangible and intangible, within the state, owned by and all personal property used and/or leased by the following named persons hereinafter referred to as companies, namely: (1) Railroad companies; (2) Telephone, radio common carrier, cellular or wireless telecommunications and telecommunications tower companies; (3) Freight and private car companies, hereby defined as any company, other than a railroad company, which owns, uses, furnishes, leases, rents, or operates to, from, through, in or across this state or any part thereof, any kind of railroad car including, but not necessarily limited to, flat, tank, refrigerator or similar type car; (4) Streetcar companies; (5) Power companies, whether hydroelectric, steam, atomic, or other kinds for the transmission of power; (6) Express companies; (7) Pipeline companies; (8) Gas companies; (9) Electric light companies; (10) Water and/or sewerage companies; (11) Motor bus and/or truck companies, excluding towing companies, operating commercial motor vehicles exclusively authorized for hire holding United States department of transportation registrations issued by this state through the performance and registration information systems management (PRISM) or the federal motor carrier safety administration (FMCSA) and domiciled in this state and/or owning or leasing real or personal property, including those owner operators who operate under such motor bus and/or truck company's motor carrier authority, located in this state; (12) Commercial air carrier companies holding a certificate of convenience and necessity from the department of transportation, civil aeronautics board, federal aviation administration or any other federal or state regulatory agency excepting those companies whose operations are solely chartered operations; (13) Water transportation carrier companies which operate boats and barges over the waterways of this state for hire, which are registered with the United States army corps of engineers or any other federal or state agency and/or domiciled in this state and/or owning or leasing real or personal property located in this state; and (14) Modern market telecommunications providers. (b) The comptroller of the treasury shall assess all of such property annually as of the same date as other properties are assessed by law; provided, that this part shall not apply to corporations organized under the laws of this state whose principal business is the manufacture of products of the soil of this state and who for the transportation alone of such products furnish their own cars. (c) Provisions generally applicable to post-certification revision of local assessments shall also apply to public utility property, including, without limitation, back assessment or reassessment under chapter 1, part 10 of this title, correction of assessment errors under § 67-5-509 , proration of assessments under § 67-5-603 , and relief from forced assessments and amendment of taxpayer filed schedules under § 67-5-903 . Provisions for confidentiality of taxpayer information under § 67-5-402 shall likewise be applicable to information provided by public utility taxpayers. For purposes of applying these provisions to public utility property, the comptroller of the treasury shall act as assessing authority, and the actions of the comptroller of the treasury shall be subject to review directly by the state board of equalization.

Legislative History

Amended by 2017 Tenn. Acts, ch. 490, s 4, eff. 6/6/2017. Acts 1973, ch. 226, § 11; 1974, ch. 467, § 4; T.C.A., § 67-901; Acts 1984, ch. 832, § 7; 1995, ch. 305, § 125; 1996, ch. 662, § 1; 1998, ch. 911, § 1; 2000, ch. 571, § 3; 2000, ch. 649, § 2; 2006, ch. 672, § 1; 2007 , ch. 132, § 5; 2010 , ch. 942, § 1; 2010 , ch. 1036, § 1.