reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 7 - SEVERANCE TAXES (§§ 67-7-101 — 67-7-212) › Part 2 - TAXATION OF OTHER MINERALS (§§ 67-7-201 — 67-7-212) › Section 67-7-203 - Rate of tax - Liability of owners - Payment of tax

(a)
The rate of the tax shall be set by the county legislative body, but shall not exceed fifteen cents (15¢) per ton on sand, gravel, sandstone, chert or limestone severed from the ground in the county.
(b)
Every interested owner shall become liable at the time the sand, gravel, sandstone, chert or limestone is severed from the earth and ready for sale.
(c)
(1)
The tax shall be payable at the time of sale and delivery.
(2)
The department of revenue shall use the accounting principle known as "first in-first out" in determining the tax payable on stockpiles or inventories of sand, gravel, sandstone, chert or limestone existing on the effective date of the tax in the county.
Acts 1984, ch. 953, § 2; 1985, ch. 410, §§ 5, 7.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 7 - SEVERANCE TAXES (§§ 67-7-101 — 67-7-212) › Part 2 - TAXATION OF OTHER MINERALS (§§ 67-7-201 — 67-7-212) › Section 67-7-204 - Administration and collection of tax

Administration and collection of this tax shall be by the department, which has the power to promulgate all rules and regulations necessary and reasonable for the administration of this part.
Acts 1984, ch. 953, § 1; 1985, ch. 410, § 5.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 7 - SEVERANCE TAXES (§§ 67-7-101 — 67-7-212) › Part 2 - TAXATION OF OTHER MINERALS (§§ 67-7-201 — 67-7-212) › Section 67-7-205 - Returns

For the purpose of ascertaining the amount of tax payable, it is the duty of all operators in the county to transmit to the department on or before the fifteenth day of the month next succeeding the month in which the tax accrues a return upon the forms provided by the department. The return shall show the month or period covered, the total number of tons of each type of sand, gravel, sandstone, chert and limestone sold from each production unit operated, owned or controlled by the taxpayer during the period covered, the amount of the tax and such information as the department may require. The return shall be accompanied by a remittance covering the amount of tax due as computed by the taxpayer.
Acts 1984, ch. 953, § 3; 1985, ch. 410, § 5.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 7 - SEVERANCE TAXES (§§ 67-7-101 — 67-7-212) › Part 2 - TAXATION OF OTHER MINERALS (§§ 67-7-201 — 67-7-212) › Section 67-7-206 - When tax levied becomes delinquent - Interest and penalties

(a)
The tax levied by this part shall become delinquent on the sixteenth day of the month next succeeding the month in which such tax accrues.
(b)
All interest and penalties collected with respect to the tax imposed by this part shall be retained by the department to help defray the expenses of administration and collection.
Acts 1984, ch. 953, § 4; 1985, ch. 410, § 5; 1988, ch. 526, § 39.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 7 - SEVERANCE TAXES (§§ 67-7-101 — 67-7-212) › Part 2 - TAXATION OF OTHER MINERALS (§§ 67-7-201 — 67-7-212) › Section 67-7-207 - Disposition of taxes, interest and penalties - Adjustments

(a)
All revenues collected from the severance of sand, gravel, sandstone, chert and limestone in the county, less an amount to cover the expenses of administration and collection and all of the interest and penalties collected, which shall be retained by the department of revenue and credited to its current service revenue to cover the expenses of administration and collection, shall be remitted quarterly to the county trustee as soon as practical following the end of a calendar quarter.
(b)
These revenues shall become a part of the county road fund of the county, and shall be used for the construction, maintenance and repair of the county system.
(c)
Any adjustment of taxes, interest or penalties that is necessary to adjust any error in collection or disbursement may be made at a subsequent collection or disbursement.
Acts 1984, ch. 953, § 5; 1985, ch. 410, § 5.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 7 - SEVERANCE TAXES (§§ 67-7-101 — 67-7-212) › Part 2 - TAXATION OF OTHER MINERALS (§§ 67-7-201 — 67-7-212) › Section 67-7-208 - Tax inapplicable as to certain existing contracts

(a)
Any tax levied by authority of this part shall not apply to any sand, gravel, sandstone, chert and limestone severed to meet the obligations of any written contract for sale of the product entered into prior to June 5, 1984.
(b)
Any sand, gravel, sandstone, chert or limestone that has been severed and on which any severance tax has accrued prior to June 5, 1984, in the county in which the severance has occurred shall be exempt from this part, if such tax has been paid.
Acts 1984, ch. 953, §§ 6, 7; 1985, ch. 410, § 5.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 7 - SEVERANCE TAXES (§§ 67-7-101 — 67-7-212) › Part 2 - TAXATION OF OTHER MINERALS (§§ 67-7-201 — 67-7-212) › Section 67-7-209 - Conflicting private or local acts

Any private or local acts in conflict with this part are repealed.
Acts 1984, ch. 953, § 9; 1985, ch. 410, § 5.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 7 - SEVERANCE TAXES (§§ 67-7-101 — 67-7-212) › Part 2 - TAXATION OF OTHER MINERALS (§§ 67-7-201 — 67-7-212) › Section 67-7-212 - Local approval required - Collection of tax - Existing private acts

(a)
The tax authorized by this part shall be levied pursuant to this part in any county upon the adoption of a resolution by a two-thirds vote of the county legislative body of such county. The presiding officer of the county legislative body shall certify a copy of the resolution to the secretary of state and the commissioner of revenue.
(b)
In addition, no tax shall be collected by the department of revenue pursuant to such county legislative action until the first day of a month occurring at least thirty (30) days after the receipt of a certified copy of such action by the department.
(c)
Any county legislative body that has by private act enacted prior to June 5, 1984, levied a tax on the severance of sand, gravel, sandstone, chert or limestone may continue such tax at a rate not to exceed the rate established in this part, and such private act shall remain in force and effect in such county for all other purposes; provided, that any adjustment required by this part, in the rate effective in such county, shall take effect on the first day of the month following June 5, 1985.
Acts 1985, ch. 410, §§ 4, 5.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-102 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Classification of donees

The following named donees shall be included in:
(1)
Class A:
Husband, wife, son, daughter, lineal ancestor, lineal descendant, brother, sister, stepchild, son-in-law or daughter-in-law. If a person has no child or grandchild, a niece or nephew of such person and the issue of such niece or nephew shall be a donee within this class. For the purposes of this part, a person who is related to the donor as a result of legal adoption shall be considered to have the same relationship as a natural lineal ancestor, lineal descendant, brother, sister or stepchild; and
(2)
Class B:
Any other relative, person, association or corporation not specifically designated in Class A.
Acts 1939, ch. 137, § 4; C. Supp. 1950, § 1295.4 (Williams, § 1328.4); Acts 1965, ch. 19, § 1; 1978, ch. 731, § 17; 1983, ch. 73, § 11; T.C.A. (orig. ed.), § 67-2505(d); Acts 1996, ch. 866, § 1.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-103 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Deductible gifts

(a)
The tax provided for in this part shall be computed upon net gifts made during the calendar year.
(b)
For the purposes of this part, "net gifts" means the total amount of gifts made during such year, less the value of all property transferred to the United States, the state of Tennessee, or to any political subdivision thereof, any public institution therein for exclusively public purposes, or any corporation, society, association or trust therein, or in a state that grants a like exemption to such institutions in Tennessee, formed for charitable, educational, scientific, or religious purposes; provided, that the property so transferred is to be used exclusively for one (1) or more of such purposes.
(c)
No deduction shall be allowed on account of property transferred to any such beneficiary, if any officer, member, shareholder or employee thereof shall receive, or be entitled to receive, any benefit or pecuniary profit from the operation thereof, except reasonable compensation in effecting one (1) or more of such purposes, or as beneficiaries of a strictly charitable purpose; or if the organization of any such corporation, society, association, or trust for any of the foregoing avowed purposes be a mere guise or pretense for directly or indirectly making for it or any of its officers, members, shareholders or employees any other pecuniary profit; or if it be not in good faith organized or conducted for one (1) or more of such purposes.
Acts 1939, ch. 137, § 3; C. Supp. 1950, § 1295.3 (Williams, § 1328.3); Acts 1959, ch. 156, § 1; T.C.A. (orig. ed.), § 67-2503.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-104 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Standard exemptions

(a)
(1)
There shall be allowed against the net gifts made during any calendar year a maximum single exemption of ten thousand dollars ($10,000) against that portion of the net gifts going to donees of Class A, and a maximum single exemption of five thousand dollars ($5,000) against that portion of the net gifts going to donees of Class B.
(2)
In the event the aggregate net gifts made to donees of Class A for any calendar year exceed ten thousand dollars ($10,000), or the aggregate net gifts made to donees of Class B for any calendar year exceed five thousand dollars ($5,000), the tax shall be applicable only to the extent that the gifts, other than gifts of future interests in property, to each:
(A)
Class A donee exceed the following amounts:
(i)
Gifts made before 1984 - the sum of three thousand dollars ($3,000);
(ii)
Gifts made in 1984 - the sum of five thousand dollars ($5,000);
(iii)
Gifts made in 1985 - the sum of seven thousand dollars ($7,000);
(iv)
Gifts made after 1985 - the sum of ten thousand dollars ($10,000); and
(B)
Class B donee exceed three thousand dollars ($3,000).
(b)
No part of a gift to an individual who has not attained twenty-one (21) years of age on the date of such transfer shall be considered a gift of a future interest in property for purposes of subsection (a), if the property and the income from the property:
(1)
May be expended by, or for the benefit of, the donee before the donee's attaining twenty-one (21) years of age; and
(2)
Shall, to the extent not so expended:
(A)
Pass to the donee on the donee's attaining twenty-one (21) years of age; and
(B)
In the event the donee dies before attaining twenty-one (21) years of age, be payable to the estate of the donee or as the donee may appoint under a general power of appointment as defined in § 2514(c) of the Internal Revenue Code (
26 U.S.C. § 2514(c)
).
(c)
For the purposes of this section, the standard exemption amount allowable for gifts to Class A donees shall increase each year by the same amount, if any, that the annual exclusion amount for federal gift taxation purposes increases.
(d)
All contributions or distributions made to, or on behalf of, beneficiaries under any college education savings plan authorized by title 49, chapter 7, part 8 or 9, by federal law, or by the laws of another state, are exempt from all taxation under this chapter. This exemption shall include, but is not limited to, contributions to, and distributions from, plans defined in
26 U.S.C. § 529
, and accounts properly designated as education savings accounts, education IRAs, or future tuition payment plans, however described.
Acts 1939, ch. 137, § 4; C. Supp. 1950, § 1295.4 (Williams, § 1328.4); Acts 1965, ch. 19, § 1; 1978, ch. 731, § 17; 1983, ch. 73, § 11; T.C.A. (orig. ed.), § 67-2505(a), (b); Acts 1998, ch. 897, § 1; 2002, ch. 688, § 1; 2005, ch. 499, § 1.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-105 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Gifts between or by spouses

(a)
Where a donor transfers during the calendar year by gift an interest in any property specified in §
67-8-101(a) or (b)
to a donee who at the time of the gift is the donor's spouse, there shall be allowed as a deduction, in computing taxable gifts an amount equal to the gift. Section 2523(b)-(g) of the Internal Revenue Code (
26 U.S.C. § 2523(b)-(g)
), shall be applicable to this deduction; provided, that the election specified in § 2523(f) of the Internal Revenue Code (
26 U.S.C. § 2523(f)
), is made to the department of revenue; and provided further, that the reference to "subsection (a)" in paragraph (1)(A) of § 2523(f) shall be treated as meaning the first sentence of this subsection (a).
(b)
A gift made by one (1) spouse to any person other than the donor's spouse shall, for purposes of this chapter, be considered as made one-half (1/2) by the donor and one-half (1/2) by the donor's spouse. This subsection (b) shall not apply with respect to a gift by a spouse of an interest in property, if the donor creates in the donor's spouse a general power of appointment, as defined in § 2514(c) of the Internal Revenue Code (
26 U.S.C. § 2514(c)
), over such interest. For purposes of this subsection (b), an individual shall be considered as the spouse of another individual only if the spouse is married to such individual at the time of the gift and does not remarry during the remainder of the calendar year. The liability for gift tax with respect to gifts made under this subsection (b) shall be joint and several between the spouses. This subsection (b) shall apply only if both spouses have signified, under rules promulgated by the commissioner, their consent to the application of this subsection (b) in the case of all such gifts made during the calendar year by either while married to the other.
Acts 1939, ch. 137, § 4; C. Supp. 1950, § 1295.4 (Williams, § 1328.40); Acts 1965, ch. 19, § 1; 1978, ch. 731, § 17; 1983, ch. 73, § 11; T.C.A. (orig. ed.), § 67-2505(e), (f); Acts 1993, ch. 483, § 1.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-106 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Tax rates

(a)
The tax imposed by this part with respect to gifts made prior to 1984 shall be computed at the following rates:
CLASS A
1.4 percent on amounts from $10,000 to $25,000;
2 percent on the next $25,000 or part thereof;
4 percent on the next $50,000 or part thereof;
5.5 percent on the next $200,000 or part thereof;
6.5 percent on the next $200,000 or part thereof;
9.5 percent on the excess over $500,000.
CLASS B
6.5 percent on amounts from $5,000 to $50,000;
9.5 percent on the next $50,000 or part thereof;
12 percent on the next $50,000 or part thereof;
13.5 percent on the next $50,000 or part thereof;
16 percent on the next $50,000 or part thereof;
20 percent on the excess over $250,000.
(b)
The tax imposed by this part with respect to gifts made after 1983 shall be computed at the following rates:
CLASS A
5.5 percent on the amount of net taxable gifts up to $40,000;
6.5 percent on the next $200,000 or part thereof;
7.5 percent on the next $200,000 or part thereof;
9.5 percent on the excess over $440,000.
CLASS B
6.5 percent on the amount of net taxable gifts up to $50,000;
9.5 percent on the next $50,000 or part thereof;
12 percent on the next $50,000 or part thereof;
13.5 percent on the next $50,000 or part thereof;
16 percent on the excess over $200,000.
Acts 1939, ch. 137, § 5; C. Supp. 1950, § 1295.5 (Williams, § 1328.5); Acts 1967, ch. 133, § 1; 1983, ch. 73, § 12; T.C.A. (orig. ed.), § 67-2506.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-107 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Valuation of gift.

(a)
For the purposes of the tax imposed by this part, all property, real and personal, shall be appraised at its full and true value at the time of the making of the gift. Stocks and bonds listed on recognized exchanges shall be appraised by ascertaining their quoted value on the date of the making of the gift, or on the nearest business day of such exchange to such date.
(b)
The value of every future, contingent, or limited estate, income, interest or annuity for any life or lives in being shall, so far as possible, be determined by the rule, method and standard of mortality and of value set forth in the actuarial tables of mortality in use by the internal revenue service for gift tax purposes at the time of the gift. The value of the interest remaining after any such temporary interest shall be determined by deducting the computed value of the temporary estate from the value of the entire property in which such interest exists.
(c)
In the event the internal revenue service issues regulations at any time that provide for an election between tables, such election shall be available to the donor at the same time and in the same manner with respect to the state gift tax return, and shall be allowed by the commissioner upon the filing of a duplicate copy of the election filed with the internal revenue service.
Acts 1939, ch. 137, §§ 8, 9; C. Supp. 1950, §§ 1295.8, 1295.9 (Williams, §§ 1328.8, 1328.9); Acts 1978, ch. 731, § 18; T.C.A. (orig. ed.), §§ 67-2507, 67-2508; Acts 1984, ch. 678, §§ 1, 3.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-108 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Administrative powers of commissioner - Assistants.

(a)
The commissioner of revenue, hereinafter called the "commissioner," has full supervision of the administration and enforcement of this part and of the collection of all taxes imposed thereunder.
(b)
The commissioner shall make such rules and regulations as may be necessary for its proper interpretation and enforcement.
(c)
The commissioner is empowered to call upon other departments of state government for such information and assistance as the commissioner may deem necessary.
(d)
The commissioner has the power to compel the attendance of witnesses and the production of evidence, by subpoena, to administer oaths and to take testimony in relation to any matter under this part.
(e)
The commissioner may designate such deputies, appraisers, agents and other assistants as may be necessary for carrying out the full purpose and intent of this part. Such deputies, appraisers, agents and assistants, so designated by the commissioner, are empowered to represent the commissioner in inventorying and appraising property transferred by gift, and to perform such duties as are, by this part, required of the commissioner, including the power to issue subpoenas and administer oaths, and shall make bonds for the faithful performance of their duties, such bonds to be in such amounts and with such surety or sureties as the commissioner may prescribe.
Acts 1939, ch. 137, § 10; C. Supp. 1950, § 1295.10 (Williams, § 1328.10); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), §§ 67-2509, 67-2510.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-109 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Records and forms.

The commissioner is empowered to prescribe such forms as may be necessary under this part and shall keep such records as are indicated by good accounting practice. The commissioner may by general regulations prescribe how much and what portion of the commissioner's records shall be open to the inspection of the public and how much and what portion shall be held as confidential, and may exchange information with the United States government or with other state governments under reciprocal arrangements made and approved by the commissioner.
Acts 1939, ch. 137, § 18; C. Supp. 1950, § 1295.18 (Williams, § 1328.18); T.C.A. (orig. ed.), § 67-2523.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-110 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Returns

(a)
The tax imposed under this part shall be paid by the donor. Any person who, during any calendar year, makes any transfers by gift, except those that under §
67-8-104
are exempt from tax liability, shall, on or before April 15 following the close of such calendar year, make out and send to the commissioner, on forms prescribed by the commissioner, a return executed under penalty of perjury setting out in detail:
(1)
A description of all the property transferred by gift during the preceding calendar year and a statement of the value of the property transferred at the time of such transfer;
(2)
The name, age and address of the donee, and the relationship of the donee to the donor;
(3)
The deductions and exemptions claimed and allowable; and
(4)
Such other information as may be required by the commissioner.
(b)
If for any calendar year tax is paid under this part with respect to any person by reason of property treated as transferred by such person under §
67-8-101(e)
, such person shall be entitled to recover from the person receiving the property the amount by which the total tax for such year under this part exceeds the total tax that would have been payable under this part for such year, if the value of such property had not been taken into account for purposes of this part.
(c)
The making of a false return with intent to defeat the tax constitutes perjury.
(d)
(1)
The commissioner may, upon written application by the taxpayer showing good cause, grant additional time within which the return may be filed.
(2)
There shall, however, be added to the amount of tax due, interest, as provided by §
67-1-801
, from the regular statutory due date until the date paid.
(3)
No penalty shall be assessed when the return is made and the full amount of tax is paid on or before the extended due date.
(4)
Any return and payment made subsequent to the extended due date shall, however, be subject to penalty and any other late charges without regard to the period allowed by the extension.
Acts 1937, ch. 137, § 11; C. Supp. 1950, § 1295.11 (Williams, § 1328.11); Acts 1959, ch. 51, § 1; 1970, ch. 500, §§ 1, 2; 1978, ch. 731, §§ 19, 20; 1983, ch. 73, § 14; T.C.A. (orig. ed.), §§ 67-2511 -- 67-2513; Acts 1988, ch. 526, § 40; 1989, ch. 125, § 1.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-111 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Payment deadline

The tax imposed by this part for any calendar year shall be paid on or before April 15 following the close of such calendar year.
Acts 1939, ch. 137, §§ 12, 19, 20; C. Supp. 1950, §§ 1295.12, 1295.19, 1295.20 (Williams, §§ 1328.12, 1328.19, 1328.20); Acts 1959, ch. 51, § 1; 1970, ch. 500, §§ 1, 2; 1980, ch. 885, § 9; T.C.A. (orig. ed.), §§ 67-2514 -- 67-2516; Acts 1985, ch. 396, § 3; 1988, ch. 526, § 41; 1989, ch. 186, § 4.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-112 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Determination of tax by commissioner

(a)
(1)
As soon as practicable after the return required by §
67-8-110
is filed, the commissioner shall examine it and determine the correct amount of the tax.
(2)
If the required return is not filed by the donor on or before the date due, the commissioner shall determine the amount of the tax upon the basis of any information the commissioner may possess or obtain.
(3)
Whenever in the judgment of the commissioner it is deemed necessary, the commissioner may require any person, by notice served upon such person by mail, to render under oath such statements or to reveal such information and records as the commissioner deems sufficient to show whether or not such person is liable for tax under this part.
(b)
As used in this part, "deficiency" means:
(1)
The amount by which the tax imposed by this part exceeds the amount shown as the tax by the donor upon the donor's return; or
(2)
If no amount is shown as the tax by the donor upon the donor's return, or if no return is made by the donor, the correct amount of the tax.
(c)
(1)
If the commissioner, in determining the correct amount of the tax in accordance with subsection (a), determines that there is a deficiency in respect of the tax imposed by this part, the commissioner shall send notice of such deficiency to the donor by mail and shall make demand for the amount of such deficiency, which amount shall be paid by the donor.
(2)
Such deficiency regardless of when paid by the donor, shall, for purposes of computing interest and penalty on the deficiency, be deemed to have been due on the due date provided in §
67-8-111
, that is, April 15 following the close of the calendar year.
Acts 1939, ch. 137, §§ 13-15; C. Supp. 1950, §§ 1295.13-1295.15 (Williams, §§ 1328.13-1328.15); Acts 1959, ch. 51, § 1; T.C.A. (orig. ed.), §§ 67-2517 -- 67-2519.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-113 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Distress warrant

The commissioner may issue a distress warrant for the collection of the tax imposed under this part, together with interest and penalty on the tax in accordance with §
67-4-110
.
Acts 1939, ch. 137, § 19; C. Supp. 1950, § 1295.19 (Williams, § 1328.19); T.C.A. (orig. ed.), § 67-2520.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-115 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Liability of donee

If the tax imposed under this part is not paid by the donor when due, and if a distress warrant directed against the property of such donor has been returned nulla bona, the donee of any gift shall be personally liable for such tax to the extent of the value of such gift.
Acts 1939, ch. 137, § 17; C. Supp. 1950, § 1295.17 (Williams, § 1328.17); Acts 1973, ch. 368, § 3; T.C.A. (orig. ed.), § 67-2522.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-116 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Taxpayer's remedies

(a)
If, in the determination of the existence of a deficiency, the commissioner appraises property at a value higher than that thought by the donor to be its true value, the donor shall have a right to file with the commissioner, within ninety (90) days from the date of the receipt of the notice of deficiency, an appeal from such appraisal, addressed to a board composed of the governor, the state treasurer, the secretary of state, the comptroller of the treasury and the commissioner, which board shall have authority to consider the exceptions filed, hear proof and determine the valuations in dispute, and the findings by a majority vote of the board shall be conclusive as to all parties in interest, subject only to the constitutional right of review in the courts.
(b)
The procedure established by this section for review of the appraisal of the commissioner by the designated board shall apply only if the issue of valuation of the gift is the only objection to be raised to the assessment. If this procedure for review is selected by the donor, no challenge to any legal issues that might be raised concerning the gift tax assessment shall be entertained in any court or forum. In all cases in which the donor seeks to challenge an assessment under this section on any ground other than valuation, the entire proceeding, including issues of valuation, must be brought in accordance with §§
67-1-1801
and
67-1-1802
.
(c)
In order for any person who seeks review of an appraisal by the designated board to obtain a stay of proceedings or action for the collection of the assessed tax, the person must file a complaint in chancery court seeking a stay until final determination of the review by the designated board, with a copy of the petition for review by the board attached, and must do those things necessary to obtain a stay under §
67-1-1801
.
Acts 1939, ch. 137, §§ 16, 19; C. Supp. 1950, §§ 1295.16, 1295.19 (Williams, §§ 1328.16, 1328.19); impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), §§ 67-2521, 67-2524; Acts 1984, ch. 578, § 2; 1986, ch. 749, § 20.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-117 - [Not applicable to any transfer by gift made on or after January 1, 2012, see 67-8-118.] Estate and inheritance taxes unimpaired.

This part shall not be construed impliedly to repeal or modify the Tennessee Inheritance Tax Law, compiled in parts 3-5 of this chapter, or the Tennessee Estate Tax Law, compiled in part 2 of this chapter, but shall be construed in pari materia with such laws.
Acts 1939, ch. 137, § 21; C. Supp. 1950, § 1295.21 (Williams, § 1328.21); T.C.A. (orig. ed.), § 67-2526.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 1 - GIFT TAX (§§ 67-8-101 — 67-8-118) › Section 67-8-118 - Applicability

This part does not apply to any transfer by gift made on or after January 1, 2012.
Acts 2012, ch. 1085, § 2.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-201 - Short title

This part shall be known and may be cited as the "Tennessee Estate Tax Law."
Acts 1929 (Ex. Sess.), ch. 23, § 1; mod. Code 1932, § 1296; modified; Acts 1967, ch. 150, § 1; T.C.A. (orig. ed.), § 30-1701(a).
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Credit" means the maximum credit for any estate, inheritance, legacy, or succession taxes paid to any state or territory or the District of Columbia, allowable with respect to the gross federal estate tax by § 2011 of the Internal Revenue Code of 1954 (
26 U.S.C. § 2011
), the maximum credit, however, to be reduced in the proportion that the amount of the nontaxable property bears to the amount of the entire estate of the decedent;
(2)
"Decedent" means any person who at the time of death is a domiciliary of the state of Tennessee or who owned real estate situated within this state or tangible personal property having actual situs within this state;
(3)
"Estate" means the entire estate, and/or interest in the estate, of the decedent, that is subject to or liable for the payment of the federal estate tax before deducting any losses or exemptions in accordance with the Internal Revenue Code of 1954;
(4)
"Executor" includes administrator, and any other person liable for the payment of the federal estate tax;
(5)
"Federal estate tax" means the tax imposed by chapter 11 of the Internal Revenue Code of 1954 (
26 U.S.C. § 2001
et seq.);
(6)
"Nontaxable property" means all parts of the estate or interest in the estate other than the Tennessee estate;
(7)
"State taxes" means the aggregate estate, inheritance, succession, collateral inheritance and/or legacy taxes paid to any state, territory or the District of Columbia, including, also, such taxes of any of those kinds as are imposed by the state of Tennessee other than the Tennessee estate tax imposed by this part, allowable in computing the maximum credit under § 2011 of the Internal Revenue Code of 1954 (
26 U.S.C. § 2011
), except such taxes of any of the above kinds or with respect to nontaxable property of the decedent;
(8)
"Tennessee estate" means such part of the estate, or interest in the estate, the transfer of which is within the power of the state of Tennessee to subject to the Tennessee estate tax; and
(9)
"Tennessee estate tax" means the tax imposed by this part.
Acts 1929 (Ex. Sess.), ch. 23, § 1; mod. Code 1932, § 1296; modified; Acts 1967, ch. 150, § 1; 1983, ch. 73, § 15; T.C.A. (orig. ed.), § 30-1701(b)-(j); Acts 1992, ch. 1003, § 1.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-203 - Construction with federal law

(a)
In the application of this part, chapter 11 of the Internal Revenue Code of 1954 (
26 U.S.C. § 2001
et seq.), or of any amendment thereto, or of any substituted act, insofar as may be necessary, shall be applied to the same extent as if the provisions were set forth in this part.
(b)
Except as otherwise provided in this part, this part shall become of no effect in respect to the Tennessee estate of persons who died subsequent to the effective date of the repeal of chapter 11 of the Internal Revenue Code of 1954, or of the provisions thereof allowing the credit.
(c)
(1)
If chapter 11 of the Internal Revenue Code of 1954 is amended or repealed and a substituted act is enacted by congress imposing an estate, inheritance, succession and/or legacy tax in lieu of the tax imposed by chapter 11, then as to the Tennessee estate of decedents affected by such amendment or by such substituted act, the terms as defined by §
67-8-202
shall relate to chapter 11 as amended, or of the substituted act, as the case may be, and the Tennessee estate tax as to such Tennessee estates shall be computed, imposed and paid accordingly.
(2)
If chapter 11 of the Internal Revenue Code of 1954 is repealed and a substituted act, as defined in subdivision (c)(1), is enacted, then subsection (b) shall relate to the repeal of such substituted act. Subsection (b) shall also relate to the enactment of any amendment, either to chapter 11 or such substituted act, whereby the allowance of the maximum credit to the extent provided in chapter 11 or to any other extent, shall be finally repealed.
Acts 1929 (Ex. Sess.), ch. 23, §§ 7, 8, 11; Code 1932, §§ 1303, 1304, 1307; modified; Acts 1983, ch. 73, § 15; T.C.A. (orig. ed.), §§ 30-1708, 30-1709, 30-1712.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-204 - Tax imposed

In addition to any inheritance, succession and/or estate tax or taxes imposed by the state of Tennessee under the authority of any other statute or statutes, a Tennessee estate tax is imposed for the exclusive use of the state upon the transfer of the Tennessee estate of every decedent, the amount of which Tennessee estate tax shall be equal to the extent, if any, of the excess of the credit over the aggregate of state taxes, payable by or out of the Tennessee estate of the decedent, or any part thereof; provided, that such Tennessee estate tax imposed shall in no case exceed the extent to which its payment will effect a saving or diminution in the amount of the federal estate tax, payable by or out of the estate of the decedent had this part not been enacted.
Acts 1929 (Ex. Sess.), ch. 23, § 2; Code 1932, § 1297; T.C.A. (orig. ed.), § 30-1702.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-205 - Tax for use of state

The tax imposed by this part is a tax exclusively for the use of the state, and no county, municipality or taxing district shall have power to levy any like tax.
Acts 1929 (Ex. Sess.), ch. 26, § 18; Code 1932, § 1315; T.C.A. (orig. ed.), § 30-1720.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-206 - Tax charged upon entire estate - Affidavit

The Tennessee estate tax shall be charged upon the entire Tennessee estate of the decedent, and the executor shall pay the tax to the commissioner of revenue, and shall file with such commissioner an affidavit showing:
(1)
The amount of the federal estate tax before allowing the maximum credit for taxes of any of the kinds as provided in § 2011 of the Internal Revenue Code of 1954 (
26 U.S.C. § 2011
);
(2)
The proportion of nontaxable property to the entire estate, referred to in §
67-8-202
;
(3)
The amount of state taxes;
(4)
The amount of any additional taxes allowable in computing the federal estate tax of the decedent;
(5)
The amount of the Tennessee estate tax; and
(6)
The amount of interest, if any, paid on such federal estate tax and the period covered by such interest, together with the amounts, if any, of any of the items theretofore paid and a duplicate of the federal estate tax return filed or being filed by the executor.
Acts 1929 (Ex. Sess.), ch. 23, § 4; Code 1932, § 1299; modified; impl. am. Acts 1959, ch. 9, § 14; 1983, ch. 73, § 15; T.C.A. (orig. ed.), § 30-1704.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-207 - Time for payment

The Tennessee estate tax shall be payable at the same time or times at which the federal estate tax is payable.
Acts 1929 (Ex. Sess.), ch. 23, § 3; Code 1932, § 1298; Acts 1980, ch. 885, § 3; T.C.A. (orig. ed.), § 30-1703.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-208 - Adjustment upon change in federal tax payment

(a)
If the amount of federal estate tax is, upon the final determination of the federal estate tax, increased or decreased as affecting an estate the transfer of any part whereof is taxable hereunder subsequent to the payment of the Tennessee estate tax, the Tennessee estate tax imposed shall be changed accordingly. Any additional estate tax shall be payable at the same time or times at which the additional federal estate tax is payable.
(b)
In the event that there shall be a decrease in the federal estate tax, the executor shall file with the commissioner of revenue an affidavit in such form as is prescribed by the commissioner, setting forth the amount of:
(1)
Federal estate tax as originally computed;
(2)
Federal estate tax as revised and decreased;
(3)
Tennessee estate tax theretofore paid and date of payment; and
(4)
Tennessee estate tax properly payable in view of such revision and decrease of federal estate tax.
(c)
With the affidavit, there shall also be filed:
(1)
A certificate or other evidence from the internal revenue service showing the amount of federal estate tax as so revised and decreased;
(2)
A certified copy of the affidavit filed with the commissioner as provided in §
67-8-206
;
(3)
A duplicate receipt by the commissioner for the Tennessee estate tax theretofore paid, showing date of payment; and
(4)
Such other evidence as the commissioner may require in order to enable the commissioner to determine the Tennessee estate tax, properly payable, and the amount, if any, of any refund due.
(d)
The commissioner shall thereupon cause to be paid to the executor the amount of refund found to be due, together with interest thereon as provided in §
67-1-801(b)
.
Acts 1929 (Ex. Sess.), ch. 23, § 5; Code 1932, § 1301; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 30-1706; Acts 2010, ch. 1134, § 48.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-209 - Payment by person other than executor or administrator - Reimbursement

If the Tennessee estate tax or any part thereof is paid, or collected out of that part of the Tennessee estate passing to or in possession of any person other than the executor or administrator in the executor's or administrator's capacity as such, such person shall be entitled to reimbursement out of any part of the Tennessee estate, still undistributed or paid, a just and equitable contribution by the persons whose interest in the estate of the decedent would have been reduced, if the tax had been paid before the distribution of the Tennessee estate, or whose interest is subject to equal or prior liability for the payment of taxes, debts, or other charges against the Tennessee estate.
Acts 1929 (Ex. Sess.), ch. 23, § 6; Code 1932, § 1302; T.C.A. (orig. ed.), § 30-1707.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-210 - Commissioner to pay over revenue

The commissioner of revenue shall account to the comptroller of the treasury for all moneys so collected monthly, less not more than two and one-half percent (2.5%) thereof for expenses of administration, who shall receipt therefor and forthwith pay over to the state treasurer all moneys thus received, who shall place the moneys to the credit of the general fund; provided, that the commissioner shall retain in the commissioner's hands at all times such a sum as, in the commissioner's judgment, shall be sufficient to enable the commissioner to pay promptly all claims for refunds as provided for in §
67-8-208
.
Acts 1929 (Ex. Sess.), ch. 23, § 4; Code 1932, § 1300; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 30-1705.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-211 - Rules and regulations

The commissioner of revenue is empowered to make all necessary rules and regulations not inconsistent with the terms of this part, which shall have the force and effect of law, for the purpose of fully carrying out and giving effect to this part.
Acts 1929 (Ex. Sess), ch. 23, § 12; Code 1932, § 1308; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 30-1713.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-213 - Receipts and certificates of payment

(a)
Upon the payment of the tax, the commissioner of revenue shall issue receipt therefor in duplicate to the executor.
(b)
Upon the payment of a fee of one dollar ($1.00) to the commissioner, which fee shall accrue to the state, the executor or any other person shall be entitled to receive from the commissioner a certificate to the effect that the tax upon any particular parcel, or tract, of real estate has been paid, and such certificate may be recorded in the office of the register of the county in which such real estate is situated, and shall be conclusive proof that the tax applicable to such real estate has been paid.
Acts 1929 (Ex. Sess.), ch. 23, § 14; Code 1932, § 1311; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 30-1716.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-215 - Suits for enforcement

The commissioner may, in the commissioner's discretion, institute suit in the name of the state of Tennessee, in any court of competent jurisdiction for the collection of the tax imposed by this part in the event the tax is not paid when due. Such suit shall be for the amount of the tax due, with penalty and interest provided in this part.
Acts 1929 (Ex. Sess.), ch. 23, § 15; Code 1932, § 1313; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 30-1718.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-216 - Assistants to commissioner

The commissioner may employ necessary agents, representatives and assistants for the enforcement of this part, and the expense of their employment and all incidental expenses shall be defrayed out of the two and one-half percent (2.5%) of the moneys collected as provided in §
67-8-206
, and, in case of suit, out of the penalty provided in this part, or so much thereof as may be necessary.
Acts 1929 (Ex. Sess.), ch. 23, § 16; Code 1932, § 1314; T.C.A. (orig. ed.), § 30-1719.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 2 - TENNESSEE ESTATE TAX LAW (§§ 67-8-201 — 67-8-217) › Section 67-8-217 - Violations - Penalties

It is a Class C misdemeanor for any executor to fail to file any affidavit or duplicate federal tax return or other instrument required by this part to be filed, or to pay the tax imposed by this part when payable hereunder, or to comply with and obey any rule or regulation promulgated by the commissioner of revenue for the enforcement of this part, or to make and file a false return or report or other instrument required to be made and filed under this part.
Acts 1929 (Ex. Sess.), ch. 23, § 13; Code 1932, § 1309; impl. am. Acts 1959, ch. 9, § 14; T.C.A. (orig. ed.), § 30-1714; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 8 - TRANSFER TAXES (§§ 67-8-101 — 67-8-705) › Part 3 - INHERITANCE TAX - GENERAL PROVISIONS (§§ 67-8-301 — 67-8-318) › Section 67-8-301 - [Not applicable to decedents who die in 2016 or after, see section 67-8-318.] Construction

This part and part 4 of this chapter shall in no wise be construed impliedly or expressly to repeal or modify the Tennessee Estate Tax Law, compiled in part 2 of this chapter.
Acts 1929 (Ex. Sess.), ch. 29, § 6(1); Code 1932, § 1294; T.C.A. (orig. ed.), § 30-1637.