Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0021 Compare Versions

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2-SENATE BILL 1367
3- By Watson
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54 HOUSE BILL 21
65 By Davis
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98 HB0021
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1312 AN ACT to amend Tennessee Code Annotated, Title 57,
1413 Chapter 3 and Title 67, relative to taxation.
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1615 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
1716 SECTION 1. Tennessee Code Annotated, Section 67-6-228(a), is amended by deleting
1817 the subsection and substituting instead the following:
1918 (a) Notwithstanding this chapter to the contrary, except as otherwise provided in
2019 subsections (b) and (c), the retail sale of food and food ingredients shall not be taxed.
2120 SECTION 2. Tennessee Code Annotated, Section 67-6-228, is amended by adding the
2221 following language as a new subsection (c):
2322 Notwithstanding § 67-6-702(a) to the contrary, food and food ingredients are
2423 taxable under part 7 of this chapter.
2524 SECTION 3. Tennessee Code Annotated, Section 67-6-103(c)(2), is amended by
2625 deleting the following language:
2726 Revenue generated from one-half percent (0.5%) of the tax rate provided in § 67-6-228
2827 shall continue to be deposited in the state general fund and earmarked for education
2928 purposes in kindergarten through grade twelve (K-12) regardless of whether the tax rate
3029 provided in § 67-6-228 is reduced below six percent (6%).
3130 SECTION 4. Tennessee Code Annotated, Section 67-6-103(u), is amended by deleting
3231 the subsection and substituting instead the following:
3332 (u) Notwithstanding the allocations provided for in subsection (a), there must be
3433 allocated and distributed to the counties and municipalities an amount substantially
3534 equal to the amount that would have been allocated to the counties and municipalities
35+under subdivision (a)(3) but for the exemption from sales tax applicable to the retail sale
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40-under subdivision (a)(3) but for the exemption from sales tax applicable to the retail sale
4140 of food and food ingredients. The allocation provided in this subsection (u) must be
4241 based on the reporting of exempt sales of food and food ingredients and any other data
4342 or information the commissioner deems relevant.
4443 SECTION 5. Tennessee Code Annotated, Section 67-6-329(a), is amended by adding
4544 the following as a new, appropriately designated subdivision:
4645 ( ) Food and food ingredients;
4746 SECTION 6. Tennessee Code Annotated, Section 67-6-329(a)(18), is amended by
4847 deleting the language "or food and food ingredients".
4948 SECTION 7. Tennessee Code Annotated, Section 67-6-229, is amended by deleting the
5049 language "food and food ingredients or".
5150 SECTION 8. Tennessee Code Annotated, Section 57-3-802(1), is amended by deleting
5251 the language "that derives at least twenty percent (20%) of its sales taxable sales from the retail
5352 sale of food and food ingredients for human consumption taxed at the rate provided in § 67-6-
5453 228(a)" and substituting instead the language "that derives at least twenty percent (20%) of its
5554 sales from the retail sale of food and food ingredients for human consumption".
5655 SECTION 9. Tennessee Code Annotated, Section 57-3-806(d)(1), is amended by
5756 deleting the language "must maintain a minimum of twenty percent (20%) of the licensee's sales
5857 taxable sales from the retail sale of food and food ingredients for human consumption taxed at
5958 the rate provided in § 67-6-228(a)" and substituting instead the language "must maintain a
6059 minimum of twenty percent (20%) of the licensee's sales from the retail sale of food and food
6160 ingredients for human consumption".
6261 SECTION 10. This act takes effect July 1, 2025, the public welfare requiring it.