Tennessee § 67-5-223 - Community and performing arts.

§ 67-5-223. Community and performing arts.

Subject to the application requirements of § 67-5-212, property owned by nonprofit community and performing arts organizations and used by them or other nonprofit community and performing arts organizations is eligible for property tax exemption as a charitable or educational use of property upon compliance with this section. Real property owned by such organizations is eligible for exemption to the extent that it is used by nonprofit community and performing arts organizations for public museums, art galleries, performing arts auditoriums and theaters, and any uses necessary and incidental to the foregoing. Personal property owned by such organizations is eligible for exemption to the extent it is used by the organization to equip and operate real property pursuant to this subsection (a). Other personal property, regardless of its location, is eligible for exemption to the extent it is used for business or office operations of the organization or used in shows, exhibits or productions of the organization. The organization seeking exemption shall meet the following requirements: The property must be owned and used by a public benefit nonprofit organization established as either a nonprofit corporation or an unincorporated entity operating as an association, a trust or a foundation pursuant to written articles of governance; The organization must be operated and governed by a board of directors of not less than ten (10) members, all of whom are natural persons, and all powers and affairs of the organization shall be exercised under the authority of the board of directors; Not more than three (3) members of the organization or its board of directors may be employees of the organization; Other than as an employee, no member, officer or director shall be compensated for service as such; Other than for services as an employee, no member, director or officer of the organization, directly or indirectly, may sell or provide, for monetary remuneration, any goods or services to the organization. “Indirectly” means through a business organization of which the employee, member, director or officer of the organization or a spouse, child or parent owns more than a three percent (3%) interest in the business; No member, director or officer of the organization may lend money to the organization, if the loan is secured by the organization's property; Other than for services as an employee, no member, director or officer of the organization may profit from shows, exhibits or productions of the organization or have any monetary interest in shows, exhibits or productions of the organization; In the event the organization sells any of its property that has been exempt from taxation, it must notify the attorney general and reporter of its intent to sell the property at least twenty-one (21) but not more than sixty (60) days before the date of sale; The articles of governance of any unincorporated organization shall include the provisions set out in this subsection (b) or be specifically incorporated by reference; The articles of governance of the organization, whether incorporated or not, and all amendments thereto shall be filed with the assessor of property in the county in which the organization owns exempt property. This requirement shall not be construed to override any other existing law as to filing of organizational documents; and The organization shall annually supply the assessor of property with a report that includes a listing of activities and uses of the property, current statements of financial condition, and such further information as the assessor may require. This section shall apply only to those counties that approve applicability by two-thirds (2/3) vote of the county governing body, which may impose a requirement of periodic local review or renewal of exemption. The assessor of property shall maintain with the records for the property an estimate of the market value of the property as of the date of the last county-wide reappraisal. Acts 1998, ch. 855, § 1; 2000, ch. 887, §§ 1, 2; 2007, ch. 66, § 1. Compiler's Notes. Acts 1998, ch. 855, § 2 provided that this section shall apply to applications or appeals pending before the state board of equalization on May 1, 1998. Any application or appeal pending on May 1, 1998, seeking exemption of property used for the purposes described in this section may be amended to reflect a change in ownership of the property if such amendment is filed with the state board of equalization within ninety days of May 1, 1998. Any community or performing arts organization which has an application or appeal pending before the state board of equalization on May 1, 1998, has ninety days from May 1, 1998, to provide evidence of compliance with the terms of this section. The executive secretary or exemption designee may extend this ninety-day period for an additional ninety days. Acts 2000, ch. 887, § 3 provided that the provisions of the act shall be given retroactive application to January 1, 2000, for new applications for property meeting the requirements of the act that are filed on or before June 20, 2000. For pending applications meeting the requirements of the act, the provisions of the act shall be given retroactive application to the date the application was filed with the state board of equalization.