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2021 Tennessee Code
Title 67 - Taxes and Licenses
Chapter 4 - Privilege and Excise Taxes
Part 6 - General Revenue Law — Litigation Tax
§ 67-4-603. Collection
Universal Citation: TN Code § 67-4-603 (2021)
- The clerks of the various courts shall collect the various privilege taxes imposed by § 67-4-602 in the following manner:
- Upon the commencement of an original civil action, from the plaintiff, except when such action is brought pursuant to a pauper's oath;
- Upon a finding of guilt, plea of guilty, or submission to fine in a criminal action from the defendant;
- Upon the filing in any civil action of an appeal, or of an appeal in the nature of a writ of error or certiorari, from one court to another, from the appellant, except when such appeal is brought pursuant to a pauper's oath;
- Upon judgment against the defendant in any original civil action brought by a city or county of the state of Tennessee or by the state of Tennessee from the defendant; or
- Upon judgment or final decree against the appellee in any action on an appeal or on an appeal in the nature of a writ of error or certiorari, where the appellant is a city or county of the state of Tennessee or the state of Tennessee from the appellee.
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- When any defendant in a criminal action is liable to pay the applicable privilege tax, the clerk of the court shall certify to the commissioner of correction, the county sheriff or the board of workhouse commissioners, as applicable, whether payment of the tax has been made. Such certification shall be in such form as the commissioner, the county sheriff or the board of workhouse commissioners, as applicable, shall direct. The commissioner, the county sheriff, or the board of workhouse commissioners, as applicable, shall then cause any amount owing to be collected from the inmate during the inmate's period of confinement by the department or at the county jail or county workhouse, as applicable. The commissioner, the county sheriff and the board shall retain all records relating to amounts collected for the payment of the privilege tax on litigation for a period of four (4) years. Such records may be examined by the commissioner of revenue or the commissioner's delegate, pursuant to chapter 1, part 14 of this title.
- The commissioner of correction, the county sheriff, or the board of workhouse commissioners shall collect and pay over to the clerk of the court in which the defendant was convicted any amount collected, and the clerk of the court shall apply such amount to reducing the liability of the defendant for the privilege tax on litigation, and shall report and pay over this amount to the department of revenue in the same manner as the clerk of the court is required to collect and pay over taxes to the department of revenue as provided for in parts 2 and 3 of this chapter.
- The tax imposed by § 67-4-602 shall be paid out of the first moneys collected in each case, and may be collected in the same manner as costs are collected, but the tax imposed by § 67-4-602 shall not be deemed to be costs.
- Any moneys collected by the clerk of the court pursuant to subsection (a) for the payment of the privilege tax on litigation imposed pursuant to § 67-4-602, or pursuant to § 40-24-107 shall be equally divided between the two (2) privilege taxes and paid and reported to the department of revenue in such manner. At such time as the amount owed for either tax is fully paid, any additional money collected shall be paid and reported for the purpose of extinguishing the remaining tax on litigation.
- For purposes of subdivision (a)(3), the time of filing in any civil action of an appeal shall be deemed to be the time of the docketing of the appeal in the appellate court. The litigation taxes to be collected under this section in any appeal to the court of appeals or the supreme court shall be collected by the clerk of the appellate courts upon the docketing of the appeal in the appellate court.
- The clerks of the various courts shall collect and remit the various privilege taxes on litigation, as well as the various fines, fees and court costs that are remitted to the state, and shall report them on forms prescribed by the commissioner.
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