67-5-2801 - Personal property taxes, penalties and interest, and attorney fees and costs Waiver of enforcement and collection. - Tennessee Statutes

67-5-2801. Personal property taxes, penalties and interest, and attorney fees and costs Waiver of enforcement and collection.

(a)  The local tax administrative officers, being the county trustee with respect to county personal property taxes and the comparable tax collecting officers in a municipality with respect to municipal property taxes, may request the delinquent tax attorney to seek court approval in order to waive the enforcement and collection of all, but not a portion of, personal property taxes, penalties and interest in cases in which the tax collecting officers determine, after reviewing the facts and circumstances, that:

     (1)  The business or enterprise that was subject to the tax levy had ceased all business operations;

     (2)  The personal property of an out-of-existence business or enterprise cannot be located after diligent search and inquiry; and

     (3)  Neither fraud nor an intention to avoid payment of the taxes on the part of the business or enterprise caused the circumstances giving rise to such waiver.

(b)  Any waiver under this part shall be included and set forth as a credit in the monthly settlement and annual statement pursuant to §§ 67-5-1903 and 67-5-1904.

(c)  With respect to personal property taxes, penalties and interest for which no delinquent tax lawsuit has been filed, but for which court approval has been sought and obtained for waiver as provided in subsection (a), the local tax administrative officers shall provide a report to the chief executive officer of the local government of the taxes, penalties and interest waived under this section. With respect to delinquent personal property taxes, for which the delinquent lawsuit has been filed, the court having jurisdiction of the delinquent tax lawsuit may, upon motion and a finding that the factors outlined in subdivisions (a)(1) (3) exist, order the waiver of enforcement and collection of all, but not a portion of, such personal property taxes, penalties and interest, and attorney fees and costs.

[Acts 1999, ch. 163, § 1.]