Tennessee § 67-4-2115 - Filing of return.

§ 67-4-2115. Filing of return.

The franchise tax return shall be filed as provided in § 67-4-2015. On any return covering less than a twelve-month period, including the return of a taxpayer in final return status, but excluding any return based on a fifty-two to fifty-three-week year, the franchise tax shall be prorated to cover the proportionate part of the year covered by the return. In the event the taxpayer's taxable year is closed within less than twelve (12) months of incorporation, formation, domestication, or commencing of business, the franchise tax of a domestic entity shall be prorated to cover the proportionate part of the year since the date of incorporation or formation, or the date of commencing business, whichever occurred first. The franchise tax of a taxpayer formed outside of Tennessee shall be prorated to cover the proportionate part of the year since beginning business in this state. On any return where the franchise tax is prorated, annualization of rent paid shall be required when determining the minimum franchise tax measure under § 67-4-2108. Proration of the franchise tax and annualization of rent paid shall be computed by a fraction based on a days method. If a person or taxpayer in final return status effects a complete liquidation that is initiated and completed on the same date, then the franchise tax shall be computed utilizing net worth, or the minimum franchise tax base under § 67-4-2108, on the date immediately preceding the liquidating event; otherwise, on any return of a taxpayer in final return status, the franchise tax shall be computed by using the average monthly value of net worth or the average monthly value of the real and tangible property owned in Tennessee. Such average monthly value shall be determined by totaling the value of net worth as of the final day of each month of the tax period, or the book value of the real and tangible property owned in Tennessee as of the final day of each month of the tax period, and then dividing that total by the number of months in the tax period. In the event the taxpayer is part of an affiliated group that has elected to compute its net worth on a consolidated basis, such election shall not apply to the taxpayer while it is in final return status unless the entire affiliated group is in final return status during the same tax period, in which case the election shall continue to apply to the taxpayer. Acts 1999, ch. 406, § 4; 2005, ch. 499, § 82; 2013, ch. 321, § 7. Compiler's Notes. Acts 1999, ch. 406, § 19(b) provided that §§ 67-4-2101 — 67-4-2120 shall apply to tax years ending on and after June 30, 1999, for limited liability companies, limited liability partnerships and limited partnerships, in which one or more corporations subject to franchise taxes under prior law directly or indirectly have in the aggregate an eighty percent (80%) or more ownership interest at any time after June 30, 1998; however, §§ 67-4-2101 — 67-4-2120 shall apply to tax years beginning on or after July 1, 1999, for all other taxpayers. Amendments. The 2013 amendment rewrote the section which read: “The franchise tax return shall be filed as provided in § 67-4-2015 . In the event the taxpayer's taxable year is closed within less than twelve (12) months of incorporation, domestication, or commencing of business, the franchise tax of a domestic corporation shall be prorated to cover the proportionate part of the year since the date of incorporation, or the date of commencing business, whichever occurred first. The franchise tax of a foreign corporation shall be prorated to cover the proportionate part of the year since beginning business in this state; provided, that, in such an event, annualization of rent paid shall be required when determining the minimum franchise tax base under § 67-4-2108 . In the event the taxpayer changes its accounting period covered by the federal return, a return shall be required for each closing of an accounting period, and the franchise tax shall be prorated to cover the proportionate part of the year covered by the return; provided, that, in such an event, annualization of rent paid shall be required when determining the minimum franchise tax base under § 67-4-2108 . Except as provided in this section, the franchise tax shall not be prorated.” Effective Dates. Acts 2013, ch. 321, § 9. May 13, 2013.