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Tennessee Business Taxes & Fees: A Primer

Staff Writer • Dec 14, 2018

In our last post, we discussed ways to grow an income stream into a business for tax purposes so that you can deduct your expenses. One of the strategies is to register with the state as an LLC or partnership. Another is to follow the state’s rules about licensing and taxation. This post will look more closely at these topics.

Because Tennessee does not have a universal personal income tax, it generates income in other ways: through business licensing, through taxation of income and sales, and through various business fees.
The first type of business tax involves taxes and report fees for certain forms of business.

  • Corporation: Most complicated form to set up, but also most liability protection to safeguard personal assets. Tennessee does not recognize the federal S-Corporation election.
    • Must file an annual report with the State of Tennessee every year: filing fee $20.
    • Must file a Tennessee Franchise and Excise Return (TN FAE): taxed on percentages of net worth/assets and taxable income. Minimum tax of $100.
  • Limited Liability Companies (LLCs – including single-member LLCs): Medium complexity and protection.
    • Annual report: filing fee $300-$3,000, based on number of owners.
    • Yearly TN FAE: Minimum tax of $100.
  • General Partnerships:
    • No liability protection. No special taxes or yearly reporting.
  • Limited Partnerships
    • Annual report: filing fee $20.
    • Yearly TN FAE: Minimum tax of $100.
  • Limited Liability Partnerships:
    • Annual report: filing fee $250-$2,500, based on number of partners.
    • Yearly TN FAE: Minimum tax of $100.
  • Sole Proprietorships: Least complicated; least liability protection. No special taxes or yearly reporting.
The second type of business tax involves taxes and reporting that all businesses in Tennessee are subject to. For full details, check out Tennessee’s helpful 39-page guide at https://www.tn.gov/content/dam/tn/revenue/documents/taxguides/bustaxguide.pdf.

  • Business Tax – State Level: Almost all businesses pay this one. There are some exemptions, like businesses owned by disabled veterans, but those qualifying for the exemptions must file affidavits with the state. Minimum payment is $22, even if you have a loss. Tax rates are based on your classification (there are 10 basic classes).
  • Business Tax – County/City Level: If you have an in-state location with yearly sales over $3,000, you must register for a business license (minimal or standard) with your county and/or city clerk. If sales are low, between $3,000 and $10,000 annually, you just pay a $15 renewal fee.
  • Sales Tax: If you sell products or taxable services, you must collect sales tax on them and send the sales tax to the state. Reports are filed on the TNTAP website monthly.
  • Tangible Personal Property Tax: County-level taxes on temporary or moveable property (furnishings, office machines, computers, telephones, etc., that are used by a company or person to operate a business). Based on information furnished to the Assessor of Property each year.
The third type of business taxes/fees depend on the type of industry the business is involved in. For more information, check out Tennessee’s site for licensing, regulation, permitting, and regulatory boards at https://www.tn.gov/business/licenses-permits.html. The following examples will give you some idea of the potential complexity.

  • Professional Privilege Tax: $400 yearly tax which must be paid by Tennessee accountants, architects, attorneys, chiropractors, dentists, engineers, pharmacists, veterinarians, etc. See the full list at https://www.tn.gov/revenue/taxes/professional-privilege-tax.html.
  • Coin-operated Amusement Tax
  • Beer and liquor taxes, plus the fees for the licenses to sell the same
  • Motor oil & tire sale fees
  • Sign permits
  • Occupancy permits/certificates
  • Health permits (restaurants/salons)
At first, the information above can seem overwhelming. However, not all of the taxes and fees will apply to your business. At Miller and McPhail CPAs, we are happy to help our clients figure out which ones do apply to them, how to file, and when to do so. If you are planning to upgrade a hobby line into a business, talk to us!

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2018 TAX CUTS AND JOB ACT (TCJA) INDIVIDUALS TCJA will lower tax rates (top rate reduced from 39.6% to 37%) at many levels but impact to individuals/families will depend on a variety of other changes made by the Act Most provisions begin 1/1/2018 and end 12/31/2025 Increase in Standard Deductions to $24,000 for joint filers, $18,000 for Head of Households, and $12,000 for Single and Married Filing Separately Loss of Personal and Dependency exemptions Change in Itemized Deductions: State and Local Taxes - $10,000 limit on aggregate property, state and local taxes as an itemized deduction Medical Expenses - will revert back to the 7.5% AGI reduction for 2017 and 2018 and then 10% for 2019 and forward Interest you pay – Home Equity Loan Interest no longer deductible Charitable Contributions – Total Cash contributions deductible up to 60% AGI. No deductions for seating rights for college sporting events Casualty and Theft Losses – deductible only if due to federally declared disaster Employee Reimbursed Job Expenses and Miscellaneous Deductions will no longer be deductible including safe deposit boxes, tax preparation fees, investment fees, gambling losses Moving Expenses – no deduction except for certain military personnel Alimony – for post 2018 divorce degrees and separation agreements, alimony will not be deductible by the paying spouse and will not be taxable to the receiving spouse. 529 Plans – may now be used for educational expenses at an elementary or secondary public, private or religious school Kiddie Tax – unearned income of a child now taxed at the capital gains and ordinary tax rates for trusts and estates Child and Family Tax Credit – Credit increased to $2000 for qualifying children under 17 and refundable portion of credit to $1400. New $500 credit for dependents who are not qualifying children. Credits now phased out at $400,000 for joint filers. Health Care “Individual Mandate” – Beginning 2019, there is no longer a penalty for individuals who fail to obtain minimum essential health coverage. There is no change to the large employer mandate to provide insurance BUSINESSES Tax Rates for C Corporations – beginning 2018 tax year – 21% flat tax rate and eliminates the corporate AMT New 20% Deduction for Qualified Business Income from a Pass-through entity such as Partnership, S Corporation or Sole Proprietorship reduces taxable income but not adjusted gross income and will phase out for income from certain services For taxpayers with income above $315,000 joint and $157,500 single, limitation on W-2 wages and value of depreciable fixed assets is phased in deduction phased out for income from certain service related businesses Deduction is not available to: businesses which provide services in the fields of accounting, actuarial science, athletics, brokerage services, investing, consulting, financial services, health, law or the performing arts or whose principal asset is the reputation or skill of one or more of its employees or owner Bonus Depreciation – Property placed in service after 9/27/17, 100% deduction – New or used property 100% begins decreasing inn year 2023 to 80% and down to 0% by 2027 Section 179 Expensing – increased to $1 Million in 2018 and expands the definition of qualified property Health Care Coverage for Employees - There is no change to the large employer mandate to provide insurance Entertainment Expense and Club Dues: No deduction is allowable with an activity generally considered entertainment, amusement or recreation No deduction for membership in clubs organized for business, pleasure, recreation or other social purpose Net Operating Losses – beginning 2018, carryback provision is eliminated and NOLs can be carried forward indefinitely Like Kind Exchanges – will limit tax-free exchanges to exchange of real property that is not held primarily for sale, thus, personal property like autos and intangible property cannot qualify for tax-free like kind exchanges. Withholding on Employee Wages – because of new tax rates for 2018, tax withholding tables will change. IRS indicates it will release these tables in January for employers to begin using in February 2018 ESTATES Tax exemptions for estates doubled to $10 million per person beginning 1/1/2018 and indexing to approximately $11.2 million by 2018 Marilyn L. Miller, CPA 123 W. Washington Ave. Athens, TN 37303 (423)745-6680 Jason G. McPhail, CPA 345 Frazier Avenue, Suite 207 Chattanooga, TN 37405 (423)756-7002
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