4 | 3 | | |
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5 | 4 | | HOUSE BILL 21 |
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6 | 5 | | By Davis |
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7 | 6 | | |
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8 | 7 | | |
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9 | 8 | | HB0021 |
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10 | 9 | | 000429 |
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11 | 10 | | - 1 - |
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12 | 11 | | |
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13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 57, |
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14 | 13 | | Chapter 3 and Title 67, relative to taxation. |
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15 | 14 | | |
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16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 16 | | SECTION 1. Tennessee Code Annotated, Section 67-6-228(a), is amended by deleting |
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18 | 17 | | the subsection and substituting instead the following: |
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19 | 18 | | (a) Notwithstanding this chapter to the contrary, except as otherwise provided in |
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20 | 19 | | subsections (b) and (c), the retail sale of food and food ingredients shall not be taxed. |
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21 | 20 | | SECTION 2. Tennessee Code Annotated, Section 67-6-228, is amended by adding the |
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22 | 21 | | following language as a new subsection (c): |
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23 | 22 | | Notwithstanding § 67-6-702(a) to the contrary, food and food ingredients are |
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24 | 23 | | taxable under part 7 of this chapter. |
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25 | 24 | | SECTION 3. Tennessee Code Annotated, Section 67-6-103(c)(2), is amended by |
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26 | 25 | | deleting the following language: |
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27 | 26 | | Revenue generated from one-half percent (0.5%) of the tax rate provided in § 67-6-228 |
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28 | 27 | | shall continue to be deposited in the state general fund and earmarked for education |
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29 | 28 | | purposes in kindergarten through grade twelve (K-12) regardless of whether the tax rate |
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30 | 29 | | provided in § 67-6-228 is reduced below six percent (6%). |
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31 | 30 | | SECTION 4. Tennessee Code Annotated, Section 67-6-103(u), is amended by deleting |
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32 | 31 | | the subsection and substituting instead the following: |
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33 | 32 | | (u) Notwithstanding the allocations provided for in subsection (a), there must be |
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34 | 33 | | allocated and distributed to the counties and municipalities an amount substantially |
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35 | 34 | | equal to the amount that would have been allocated to the counties and municipalities |
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41 | 40 | | of food and food ingredients. The allocation provided in this subsection (u) must be |
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42 | 41 | | based on the reporting of exempt sales of food and food ingredients and any other data |
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43 | 42 | | or information the commissioner deems relevant. |
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44 | 43 | | SECTION 5. Tennessee Code Annotated, Section 67-6-329(a), is amended by adding |
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45 | 44 | | the following as a new, appropriately designated subdivision: |
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46 | 45 | | ( ) Food and food ingredients; |
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47 | 46 | | SECTION 6. Tennessee Code Annotated, Section 67-6-329(a)(18), is amended by |
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48 | 47 | | deleting the language "or food and food ingredients". |
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49 | 48 | | SECTION 7. Tennessee Code Annotated, Section 67-6-229, is amended by deleting the |
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50 | 49 | | language "food and food ingredients or". |
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51 | 50 | | SECTION 8. Tennessee Code Annotated, Section 57-3-802(1), is amended by deleting |
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52 | 51 | | the language "that derives at least twenty percent (20%) of its sales taxable sales from the retail |
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53 | 52 | | sale of food and food ingredients for human consumption taxed at the rate provided in § 67-6- |
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54 | 53 | | 228(a)" and substituting instead the language "that derives at least twenty percent (20%) of its |
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55 | 54 | | sales from the retail sale of food and food ingredients for human consumption". |
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56 | 55 | | SECTION 9. Tennessee Code Annotated, Section 57-3-806(d)(1), is amended by |
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57 | 56 | | deleting the language "must maintain a minimum of twenty percent (20%) of the licensee's sales |
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58 | 57 | | taxable sales from the retail sale of food and food ingredients for human consumption taxed at |
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59 | 58 | | the rate provided in § 67-6-228(a)" and substituting instead the language "must maintain a |
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60 | 59 | | minimum of twenty percent (20%) of the licensee's sales from the retail sale of food and food |
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61 | 60 | | ingredients for human consumption". |
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62 | 61 | | SECTION 10. This act takes effect July 1, 2025, the public welfare requiring it. |
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