Franchise FAQ

do attorneys pay professional privilege and franchise tax in tennessee

by Dahlia Block Published 1 year ago Updated 1 year ago

Tennessee recently became a true no-income-tax state, but a professional privilege tax is still on the books and paid by members of seven professions. The occupations hit with this discriminatory tax include osteopathic physicians, physicians, attorneys, securities agents, broker-dealers, investment advisors, and lobbyists.

Republicans in 2019 passed legislation eliminating the professional privilege tax for 15 licensed professions. This year, physicians were eliminated.”3 However, Tennessee lawyers must continue to pay. Despite these public statements of Tennessee leaders, the tax remains on the books for Tennessee lawyers.Sep 1, 2022

Full Answer

How much is the professional privilege tax for architects?

In 2020, architects will no longer be subject to the $400 annual professional privilege tax! (NOTE: Licensed architects in TN must still pay the professional privilege tax this year.)

Which professions are exempt from the professional privilege tax?

In the legislation as amended the following professions are all now exempt from the professional privilege tax beginning May 31, 2020: Remaining in statute and paying the $400 tax are: attorneys. This was an issue that the majority of other professions have supported.

Who is required to pay TN 67-4-1701?

The following professionals are required to pay the tax due on June 1, 2020 and thereafter: agent (securities), attorney, broker-dealer, investment advisor, lobbyist, osteopathic physician, physician. Please see here for a complete list of professionals previously subject to the tax. Reference: Tenn. Code Ann. 67-4-1701; 67-4-1702.

When did Tennessee start enacting the Professional Privilege Tax?

How many attorneys are licensed to practice law in Tennessee?

How much is the state of Tennessee surplus?

What does the TBA oppose?

What is the Tennessee Bar Association?

Does Tennessee have a professional privilege tax?

See 3 more

About this website

Does Tennessee have a professional privilege tax?

State law requires all professional privilege tax returns to be filed electronically. Taxable professionals holding an active license in Tennessee must pay the $400 tax, which is due June 1 each year.

Who is subject to Tennessee professional privilege tax?

The following professions are subject to the professional privilege tax: lobbyist, agent, broker-dealer, and investment advisor under Title 48, Chapter 2; accountant; architect; broker under Title 62; engineer; landscape architect; audiologist; chiropractor; dentist; optometrist; osteopathic physician; pharmacist; ...

Does Tennessee tax professional services?

Professional services are generally not taxable in Tennessee. However, some computer services are. If an IT consultant installs or 'loads' software in the state, that service is subject to sales tax.

Where do I pay my Tennessee professional privilege tax?

Tennessee Taxpayer Access PointThe professional privilege tax can be filed and paid on the Tennessee Taxpayer Access Point (TNTAP).

What happens if you don't pay Tennessee professional privilege tax?

Call the Electronic Commerce Unit at (866) 368-6374 if you encounter any problems paying the tax online. The Department of Revenue has FAQs available should a licensee have any additional questions. A licensee who does not pay the tax is usually assessed a monetary penalty by the Department of Revenue.

What does subject to legal professional privilege mean?

Legal professional privilege protects confidential communications and confidential documents between a lawyer and a client made for the dominant purpose of the lawyer providing legal advice or professional legal services to the client, or for use in current or anticipated litigation.

What services are exempt from sales tax in Tennessee?

Services such as grass cutting, trimming, bush trimming, leaf raking, and similar activities are all services performed on real property. Charges for such services are not subject to sales tax.

What is taxed in Tennessee?

Income tax is generally levied at a state-level on the income you earn within a tax year. Yet, Tennessee is one of several states that doesn't levy a state-level income tax on personal income. Business income and real property taxes as well as sales taxes are levied in Tennessee.

Are consulting services taxable in TN?

Consulting and testing services in Tennessee are typically not taxable, while the sale or licensing of computer software and hardware and any related installation services are taxable.

Why is income tax called a privilege tax?

A privilege tax is a tax levied in exchange for a privilege or license granted to the taxpayer. The fee for registering a motor vehicle is one example of a privilege tax. Many taxes on businesses are characterized as privilege taxes. For example, Arizona's transaction privilege tax is a gross receipts tax on business.

What are privilege stores for taxation purposes?

Rules on Privilege Store or Tiangge/Bazaar Owners “Tiangge” or “Bazaar” Store are stall or outlet which are not permanent in nature. You usually see them in shopping malls, villages, parks, etc. To be classified as “tiangge” or privilege store, it should only operate for not more than 15 days.

How do I verify a Tennessee medical license?

Licensure Information To request an official verification of your Tennessee license please send your request by e-mail to [email protected] with the following information: Name, Profession, TN license number, the e-mail or mailing address where the verification should be sent.

What are privilege stores for taxation purposes?

Rules on Privilege Store or Tiangge/Bazaar Owners “Tiangge” or “Bazaar” Store are stall or outlet which are not permanent in nature. You usually see them in shopping malls, villages, parks, etc. To be classified as “tiangge” or privilege store, it should only operate for not more than 15 days.

How do I pay my Tennessee professional privilege tax online?

For a list of professionals subject to the professional privilege tax, visit http://www.tn.gov/revenue/topic/professional-privilege-tax. Professionals who are subject to the tax may file and pay the tax online at https://apps.tn.gov/privtx/ .

Why is income tax called a privilege tax?

A privilege tax is a tax levied in exchange for a privilege or license granted to the taxpayer. The fee for registering a motor vehicle is one example of a privilege tax. Many taxes on businesses are characterized as privilege taxes. For example, Arizona's transaction privilege tax is a gross receipts tax on business.

How do I verify a Tennessee medical license?

Licensure Information To request an official verification of your Tennessee license please send your request by e-mail to [email protected] with the following information: Name, Profession, TN license number, the e-mail or mailing address where the verification should be sent.

TNTAP Login – Tennessee Department of Revenue

TNTAP Login . TNTAP Login-1 – Creating a TNTAP Username and Password; TNTAP Login-2 – Information Needed to Create a TNTAP Login TNTAP Login-3 – Login ID Overview

Professional Privilege Tax – Tennessee Department of Revenue

Professional Privilege Tax. PPT-1 - Professional Privilege Tax – Overview; PPT-2 - Professional Privilege Tax - Due Date; PPT-3 - Professional Privilege Tax Must be Filed Online

Business Tax - TN.gov

Generally, if you conduct business within any county and/or incorporated municipality in Tennessee, then you should register for and remit business tax. Business tax consists of two separate taxes: the state business tax and the city business tax.

Tennessee Board for Licensing Contractors

The mission of the Board for Licensing Contractors is to assure quality and fair construction practices exist in all phases of the industry in order to protect the safety and welfare of the public. The Board was originally established in 1931, and today remains a bridge between the consumers and contractors of Tennessee. Licensing offers the consumers a mechanism to voice their concerns.

Business Entity Search - Business Services Online

Secretary of State Tre Hargett. Tre Hargett was elected by the Tennessee General Assembly to serve as Tennessee’s 37th secretary of state in 2009 and re-elected in 2013, 2017, and 2021.

TNTAP - Tennessee

TNTAP is Tennessee's free, one-stop site for filing your taxes, managing your account and viewing correspondence.

What professions are exempt from the Professional Privilege Tax?

In the legislation as amended the following professions are all now exempt from the professional privilege tax beginning May 31, 2020: accountants, architects, athlete agents, audiologists, chiropractors, dentists, engineers, landscape architects,

When will architects have to pay in Tennessee?

The repeal is effective in 2020, so licensed architects in Tennessee will have to pay one last time by May 31st of this year. Please see the message below from AIA Tennessee’s president, Josh Flowers, FAIA.

What is the repeal of AIA Tennessee?

As lawmakers debated how offset this new revenue with tax reductions elsewhere in the budget, AIA Tennessee was at the table as the voice of architects to advocate for tax benefits to the profession.

Is the $400 professional privilege tax repealed?

With support from other affected professions, legislators advocated for the long-maligned professional privilege tax to be repealed. This $400 annual tax has been the subject of bills since its enactment, and in this year’s budget (passed unanimously in the House and Senate), this new revenue was dedicated to repealing the professional privilege tax. As a result, an amendment to SB398/HB1262 was drafted to accomplish this and has been passed in both the House and Senate yesterday, May 1, 2019.

Will architects be subject to the $400 tax?

In 2020, architects will no longer be subject to the $400 annual professional privilege tax!

Has the Professional Privilege Tax of Architects been repealed?

I am pleased to share with you that the professional privilege tax of architects in Tennessee has been repealed. As many of you know, this tax was enacted eighteen years ago as a result of intense negotiation involving AIA Tennessee members and advocates and was reached as a compromise to avoid more severe tax burdens impacting the profession.

When did Tennessee start enacting the Professional Privilege Tax?

Tennessee enacted the professional privilege tax in 1992 as part of a $276 million tax increase to restore cuts that were made after a recession in the early 1990s and to help pay for the Basic Education Program, the state’s then debuting education funding formula.

How many attorneys are licensed to practice law in Tennessee?

Currently, there are 22,956 attorneys licensed to practice law in Tennessee; all of whom must pay the $400 professional privilege tax, regardless of their income, employment status or whether practicing law is their main profession. 82 % of the lawyers that pay the tax are Tennessee residents.

How much is the state of Tennessee surplus?

At the end of the Fiscal Year 2018-2019, the state of Tennessee had a $600 million -plus surplus. On November 15, 2019, Tennessee Department of Finance and Administration Commissioner Stuart McWhorter announced that Tennessee tax revenues exceeded budgeted estimates in October.

What does the TBA oppose?

The TBA has a long-standing public policy position, voted on by the Board of Governors, that the TBA opposes any tax on professionals, including attorneys. The TBA also opposes the extension of the Tennessee sales tax to legal services with collections to be made by the attorney.

What is the Tennessee Bar Association?

The Tennessee Bar Association is joining with the National Federation of Independent Businesses (NFIB), the Tennessee Medical Association (TMA), and other organizations to ask Governor Lee and the Tennessee General Assembly to eliminate the Professional Privilege Tax .

Does Tennessee have a professional privilege tax?

Tennessee annually has received more revenue from the professional privilege tax than any other state with the tax, according to a report from the Tennessee Advisory Commission on Intergovernmental Relations (TACIR). It is past time to eliminate this tax today!

When are professional privilege taxes due in Tennessee?

The Tennessee Department of Revenue has extended the due date for filing and paying the professional privilege tax from June 1, 2020 to July 1, 2020. #N#Interest and late filing penalties will not be applied to returns filed and payments made on or before this extended due date.

What department has FAQs?

The Department of Revenue has FAQs available should a licensee have any additional questions.

When did Tennessee start enacting the Professional Privilege Tax?

Tennessee enacted the professional privilege tax in 1992 as part of a $276 million tax increase to restore cuts that were made after a recession in the early 1990s and to help pay for the Basic Education Program, the state’s then debuting education funding formula.

How many attorneys are licensed to practice law in Tennessee?

Currently, there are 22,956 attorneys licensed to practice law in Tennessee; all of whom must pay the $400 professional privilege tax, regardless of their income, employment status or whether practicing law is their main profession. 82 % of the lawyers that pay the tax are Tennessee residents.

How much is the state of Tennessee surplus?

At the end of the Fiscal Year 2018-2019, the state of Tennessee had a $600 million -plus surplus. On November 15, 2019, Tennessee Department of Finance and Administration Commissioner Stuart McWhorter announced that Tennessee tax revenues exceeded budgeted estimates in October.

What does the TBA oppose?

The TBA has a long-standing public policy position, voted on by the Board of Governors, that the TBA opposes any tax on professionals, including attorneys. The TBA also opposes the extension of the Tennessee sales tax to legal services with collections to be made by the attorney.

What is the Tennessee Bar Association?

The Tennessee Bar Association is joining with the National Federation of Independent Businesses (NFIB), the Tennessee Medical Association (TMA), and other organizations to ask Governor Lee and the Tennessee General Assembly to eliminate the Professional Privilege Tax .

Does Tennessee have a professional privilege tax?

Tennessee annually has received more revenue from the professional privilege tax than any other state with the tax, according to a report from the Tennessee Advisory Commission on Intergovernmental Relations (TACIR). It is past time to eliminate this tax today!

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