67-5-225 - Family wellness center exemption. - Tennessee Statutes

67-5-225. Family wellness center exemption.

(a)  Real and personal property used as a nonprofit family wellness center shall be exempt from property taxes as a charitable use of property, if the center is owned and operated as provided in this section. “Family wellness center” means real and personal property used to provide physical exercise opportunities for children and adults. The property must be owned by a nonprofit corporation that is a charitable institution that:

     (1)  Has as its historic sole purpose the provision of programs promoting physical, mental, and spiritual health, on a holistic basis without emphasizing one over another;

     (2)  Provides at least five (5) of the following eight (8) programs dedicated to the improvement of conditions in the community and to support for families:

          (A)  Day care programs for preschool and school-aged children;

          (B)  Team sports opportunities for youth and teens;

          (C)  Leadership development for youth, teens, and adults;

          (D)  Services for at-risk youth and teens;

          (E)  Summer programs for at-risk and non-at-risk youth and teens;

          (F)  Outreach and exercise programs for seniors;

          (G)  Aquatic programs for all ages and skill levels; and

          (H)  Services for disabled children and adults; and

     (3)  Provides all programs and services to those of all ages, incomes and abilities under a fee structure that reasonably accommodates persons of limited means and, therefore, ensures that ability to pay is not a consideration. The corporation must further meet the requirements of subsection (b).

(b)  To qualify for exemption, the nonprofit corporation must first be exempt from federal income taxation as an exempt charitable organization under the provisions of § 501(c)(3) of the Internal Revenue Code and any amendments thereto. In addition, the nonprofit corporation shall provide that:

     (1)  The directors and officers shall serve without compensation beyond reasonable compensation for services performed;

     (2)  The corporation is dedicated to and operated exclusively for nonprofit purposes;

     (3)  No part of the income or the assets of the corporation shall be distributed to inure to the benefit of any individual; and

     (4)  Upon liquidation or dissolution, all assets remaining after payment of the corporation's debts shall be conveyed or distributed only in accordance with the requirements applicable to a § 501(c)(3) corporation.

(c)  All claims for exemptions under this section are subject to the provisions of § 67-5-212(b).

(d)  Nothing in this section shall prevent property of the corporation other than wellness centers from qualifying under other provisions of law.

[Acts 2000, ch. 982, § 58; 2000, ch. 993, § 1.]