Tennessee Approves Business Tax Back Plan for Franchise, Excise Taxes

April 26, 2024

    A Compromise on Business Tax Cuts and Refunds in Tennessee

    In a significant development for Tennessee’s business community, state legislators have reached a consensus on a contentious tax issue. The Tennessee House and Senate have agreed on a compromise to enact a business tax cut and provide a tax refund to businesses, potentially impacting the state’s economic landscape.

    The discussion began when Governor Bill Lee proposed changes to the Franchise and Excise Tax, concerned that its current structure might lead to legal challenges from businesses deeming it unfair. The Governor’s solution was not only to reduce the tax but also to offer a tax back initiative for businesses covering the past three years.

    The proposal, however, faced stiff opposition from Democrats. Representative Bo Mitchell of Nashville questioned the wisdom of the move, highlighting the potential benefits that $1.5 billion could bring to infrastructure, education, and healthcare. Similarly, Rep. John Ray Clemmons criticized the fiscal prudence of what he termed a “$1.7 billion handout.”

    After prolonged negotiations, including two public conference committees, a middle ground was found. The agreed-upon terms allow businesses to claim a tax refund for up to three years of the Franchise and Excise Tax. To address transparency concerns, a public list will be posted online for thirty days, showing which businesses applied for and received refunds, albeit in specified ranges rather than exact amounts.

    House Majority Leader Rep. William Lamberth of Portland lauded the agreement, emphasizing the potential benefits for small businesses to reinvest in their operations and workforce.

    With the passage of the F&E tax rebate by both legislative chambers, the bill now awaits Governor Lee’s signature, which is anticipated to be forthcoming. This legislative move is poised to inject nearly two billion dollars back into Tennessee’s small businesses, potentially bolstering the state’s economy.

    tax refund
    Businesses in Tennessee can apply for a Franchise and Excise Tax refund by filing an amended tax return for each of the relevant years within the three-year statute of limitations.

    Can businesses now request a tax refund for up to three years of the Franchise and Excise Tax in Tennessee?

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