2021 Tennessee Code
Title 67 - Taxes and Licenses
Chapter 8 - Transfer Taxes
Part 7 - Payment of Transfer Taxes in Kind Act
§ 67-8-702. Part Definitions

Universal Citation: TN Code § 67-8-702 (2021)

As used in this part, unless the context otherwise requires:


  1. “Department” means the department of revenue;

  2. “Donor” means any person responsible for the payment of transfer taxes to the state, including, but not limited to, a personal representative, executor, administrator, individual taxpayer, joint tenant, heir, legatee, devisee, grantee, transferee, trustee, tenant in common, conservator, guardian, custodian, or person interested in an estate or trust;

  3. “In-kind payment” means a payment of transfer taxes or a portion thereof by the transfer to a receiving entity of qualified property;

  4. “Interest in real property having recreational, conservational, or wildlife value” means any interest in real property that is of unique value as a scenic, historic, archaeological, scientific, or recreational resource to the state and that will contribute to the cultural, recreational, or economic life of the people, or is a unique and critical habitat for wildlife in the state;

  5. “Interest in real property having state use value” means any interest in real property that is of unique value to the receiving entity to carry out its stated purposes;

  6. “Object of significant artistic or historical value” means any object of art, collection, painting, portrait, mural, photograph, statue, tablet, carving, bas-relief, engraving, relic, coin, furniture, textile, basketry, artifact, natural specimen, rare book, author's papers, or other object of artistic, historical, or technical interest or of intrinsic cultural value;

  7. “Qualified property” means an object of significant artistic or historical value, a site of significant historical interest, an interest in real property having recreational, conservational or wildlife value, or an interest in real property having state use value;

  8. “Receiving entity” means the state of Tennessee, any department or agency thereof, any county, city, or other political subdivision of the state, or any state museum or state institution of health or education;

  9. “Site of significant historical interest” means any real property, building, or fixture, or any combination thereof, of unique and peculiar historical significance; and

  10. “Transfer taxes” means all the taxes imposed by this chapter, including the inheritance, estate, gift and generation-skipping transfer taxes, and interest and penalties thereon.
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