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Back to HB 878
Tennessee General Assembly· HB 878Transmitted to Governor for his action.

Taxes, Privilege - As enacted, clarifies that all privilege taxes on litigation that clerks of certain courts fail to collect and pay to the department of revenue are debts of the clerks; adds certain reporting requireme, the official text

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                        ~tate of ~ennessee

                           PUBLIC CHAPTER NO. 743

                                                   HOUSE BILL NO. 878

                                     By Representatives Stinnett, McCalmon

                                       Substituted for: Senate Bill No. 1099

                                       By Senators Haile, Gardenhire, Rose

         AN ACT to amend Tennessee Code Annotated, Title 40 and Title 67, relative to privilege
tax.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 40-24-107(a), is amended by adding
the following as new subdivisions:

                    (7) On a quarterly basis, at the request of the state treasurer, clerks of the
          various courts shall report the following to the commissioner of revenue and the state
          treasurer in such a manner as may be prescribed by the commissioner of revenue or the
          state treasurer, for persons subject to the imposition of a privilege tax pursuant to this
          section:

                              (A) The amount of privilege tax collected in the aggregate for the quarter;

                              (8) The amount of privilege tax remitted to the department of revenue in
                    the aggregate for the quarter; and

                              (C) On a per case basis:

                                        (i) The amount of privilege tax suspended, released, waived,
                              remitted, or not collected; and

                                        (ii) The reason for the privilege tax suspension, release, waiver,
                              remittance, or failure to collect the privilege tax, including, but not limited
                              to, whether the collection of the tax was waived by a court order or the
                              court clerk.

                    (8) At the request of the state treasurer, clerks of the various courts shall submit
          the following to the state treasurer relative to the privilege tax collected under this
          section:

                              (A) A copy of the court's written waiver policy or procedure, if any;

                              (8) A description of how and with what frequency defendants are notified
                    of the obligation to pay the privilege tax, including, but not limited to, a copy of
                    the initial and follow-up communications with the defendant and a copy of the
                    court's written policy or procedure for notifying defendants;

                              (C) A description of the use of a collection agency or other third-party
                    providers to collect unpaid privilege taxes, including, but not limited to, the
                    number of defendants who have had their unpaid privilege tax sent to a collection
                    agency with the unpaid amounts on a per defendant basis;

                              (D) A description of other privilege tax collection efforts used by the courts
                    or court clerks, including, but not limited to, promissory notes or payment plans;

                              (E) A description of the court clerk's efforts in complying with subsection
                    (b); and
HB878

                              (F) Any other information or documentation requested by the state
                    treasurer.

          SECTION 2. Tennessee Code Annotated, Section 67-4-605(a), is amended by deleting
the subsection and substituting:

                    (a) Any privilege tax imposed by § 67-4-602 that the clerk of the court fails to
          collect and pay to the department of revenue is a debt of the clerk. For purposes of this
          section, "clerk of the court" includes the clerks for the courts listed in§ 67-4-604.

          SECTION 3. Tennessee Code Annotated, Section 67-4-605(c), is amended by deleting
the subsection and substituting:

                    (c) On a quarterly basis, at the request of the state treasurer, a clerk of the court
          shall report the following to the commissioner of revenue and the state treasurer in such
          a manner as may be prescribed by the commissioner of revenue or the state treasurer,
          for persons subject to the imposition of a privilege tax pursuant to § 67-4-602:

                              (1) The amount of privilege tax collected in the aggregate for the quarter;

                              (2) The amount of privilege tax remitted to the department of revenue in
                    the aggregate for the quarter; and

                              (3) On a per case basis:

                                        (A) The amount of privilege tax suspended, released, waived,
                              remitted, or not collected; and

                                        (8) The reason for the privilege tax suspension, release, waiver,
                              remittance, or failure to collect the privilege tax, including, but not limited
                              to, whether the collection of the tax was waived by a court order or the
                              court clerk.

          SECTION 4. Tennessee Code Annotated, Section 67-4-605, is amended by adding the
following as a new subsection:

                    (d) At the request of the state treasurer, a clerk of the court shall submit the
          following to the state treasurer relative to the privilege tax collected under this part:

                              (1) A copy of the court's written waiver policy or procedure, if any;

                              (2) A description of how and with what frequency defendants are notified
                    of the obligation to pay the privilege tax, including, but not limited to, a copy of
                    the initial and follow-up communications with the defendant and a copy of the
                    court's written policy or procedure for notifying defendants;

                              (3) A description of the use of a collection agency or other third-party
                    providers to collect unpaid privilege taxes, including, but not limited to, the
                    number of defendants who have had their unpaid privilege tax sent to a collection
                    agency with the unpaid amounts on a per defendant basis;

                              (4) A description of other privilege tax collection efforts used by the courts
                    or court clerks, including, but not limited to, promissory notes or payment plans;
                    and

                              (5) Any other information or documentation requested by the state
                    treasurer.

          SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it,
and applies to the imposition and collection of privilege taxes on or after July 1, 2026.

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                    HOUSE BILL NO. 878

PASSED:  March 26, 2026

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                           CAMERON SEXTON, SPEAKER
                          HOUSE OF REPRESENTATIVES

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                                         \  RANDY MC~LLY

                                            SPEAKER OF THE SENATE

I I APPROVED this (p-te., day of f'¥>n·     2026

BILL LEE, GOVERNOR
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