67-5-2410 - Penalties, fees and costs Duties of clerk. - Tennessee Statutes

67-5-2410. Penalties, fees and costs Duties of clerk.

(a)  (1)  (A)  Upon the filing of suits to enforce the tax lien against real or personal property, an additional penalty of ten percent (10%) upon all delinquent taxes shall accrue and the penalty is imposed upon the amount due from any defendant to the state, county or municipality, which penalty shall be devoted to the expense of prosecuting the suits. Such penalty shall be computed on the base amount of delinquent taxes, not including accrued interest or penalties.

          (B)  In any county having a population of not less than eighty-three thousand three hundred (83,300) nor more than eighty-three thousand four hundred (83,400), according to the 1980 federal census or any subsequent federal census, upon the filing of suits to enforce the tax lien in such county, the additional penalty imposed by this subdivision (a)(1) shall be imposed at a rate of twenty percent (20%) upon all delinquent land taxes that shall accrue, and the penalty is imposed upon the amount due from any defendant to the state, county or municipality, which penalty shall be devoted to the expense of prosecuting the suits. Such twenty percent (20%) rate may be imposed by a municipal or county legislative body in any county having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census, upon adoption of a resolution by a two-thirds (2/3) vote of such municipal legislative body or the county legislative body imposing such rate for those purposes described in this section.

     (2)  Subdivision (a)(1) shall not apply to counties with a metropolitan form of government or to counties having the following populations, according to the 1970 federal census or any subsequent federal census:

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(b)  (1)  Upon the filing of suits to enforce the tax lien against real or personal property, an additional penalty of ten percent (10%) upon all delinquent taxes shall accrue and the penalty is imposed upon the amount due from any defendant to the state, county or municipality, which penalty shall be devoted to the expense of prosecuting these suits and shall be allowed to the attorney filing the suits as compensation for the attorney's services. Such penalty shall be computed on the base amount of delinquent taxes, not including accrued interest or penalties.

     (2)  Subdivision (b)(1) shall apply only to counties with a metropolitan form of government and to counties having the following populations, according to the 1970 federal census or any subsequent federal census:

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(c)  (1)  The sheriff shall receive, as costs to be taxed against each delinquent, seven dollars and fifty cents ($7.50) for serving all original processes and the statutory fees for all other services performed by the sheriff, and the clerks of the courts shall receive the statutory fees provided in § 8-21-401.

     (2)  No litigation tax shall be imposed.

     (3)  If necessary to the prompt dispatch of suits for the collection of delinquent taxes, the court may order paid out of delinquent tax money on hand all reasonable expenses of prosecuting these suits in addition to that otherwise provided by law.

(d)  Additional expenses ordered by the court such as, but not limited to, title examination fees, extra publications, survey fees, environmental assessments and other necessary costs, shall be set by the court and shall be considered as court costs of the tax suit.

(e)  Clerks shall not be required to prepare petitions, complaints, summonses, notices or orders for the prosecution of tax enforcement suits.

[Acts 1923, ch. 77, § 7; Shan. Supp., § 913b16; Code 1932, § 1590; Acts 1935, ch. 114, § 1; C. Supp. 1950, § 1590; Acts 1957, ch. 60, § 1; 1972, ch. 503, § 1; 1972, ch. 812, § 1; 1973, ch. 296, § 2; 1978, ch. 869, §§ 3, 6-8; 1982, ch. 695, § 1; T.C.A. (orig. ed.), § 67-2008; Acts 1987, ch. 346, § 14; 1987, ch. 392, § 2; 1996, ch. 787, § 6; 2002, ch. 684, § 1; 2005, ch. 429, § 15.]