Who Is Exempt From TN Franchise Tax? Tennessee Franchise and Excise Taxes

Tax Overview and Rates

Tennessee franchise and excise taxes apply to corporations, LLCs, limited partnerships, and business trusts registered in or operating in Tennessee. The franchise tax rate is 0.25% times the greater of a business’s net worth or real and tangible property. The minimum tax is $100. There is no maximum. The excise tax is like an income tax. The excise tax rate is 6.5% of a business’s Tennessee taxable income.

Tax Exemptions

There are some exemptions. For example, certain LLCs, limited partnerships and limited liability partnerships whose activities are at least 66% farming or holding personal residences where one or more of its partners or members reside are exempt. Non-corporate entities that are at least 95% family owned and at least 66.67% of the entity’s income is derived from activities that produce passive investment income or a combination of farming and passive investment income are also exempt.

By default, LLCs themselves do not pay federal income taxes, only their members do. Tennessee, however, imposes a franchise tax and an excise tax on most LLCs. You must register for this tax through the Department of Revenue (DOR).

Businesses with less than $10,000 in taxable sales sourced to a county are exempt from the state business tax in that county, and businesses with less than $10,000 in taxable sales sourced to a municipality are exempt from the municipality business tax.

Who Must File?

Who must file a Tennessee franchise tax return?

Tennessee imposes a franchise tax and an excise tax on most LLCs. Register through the Department of Revenue.

Who is exempt from business tax in Tennessee?

Businesses with less than $10,000 in taxable sales sourced to a county or municipality are exempt from business tax.

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