Tennessee Code Annotated
Tenn. Code Ann. § 67-4-701 (2026)
Short title - Nature of tax - Legislative intent
✓ current as of May 2026
- (a) This part shall be known and may be cited as the "Business Tax Act" and the taxes imposed by this part shall be in addition to all other privilege taxes.
- (b) It is the legislative intent that the taxes imposed by this part shall be in lieu of any or all ad valorem taxes on the inventories of merchandise held for sale or exchange by persons taxable under this part.
- (c) It is the legislative intent, within the framework of this part, to recognize that there are limitations upon state taxation imposed by the constitutions of the United States and of this state and not to impose the tax where prohibited by the constitutions; but it is intended to impose that tax to the extent permitted under such constitutions and the words of imposition used in this section.
Acts 1971, ch. 387, §§ 1, 21; 1972, ch. 850, § 1; T.C.A., §§ 67-5801, 67-5820; Acts 1984, ch. 832, § 26.
Notes of Decisions
Cited in 11
cases, 1983–2018 · leading case: NAJO Equip. Leasing, LLC v. Comm'r of Revenue, 477 S.W.3d 763 (Tenn. Ct. App. 2015).
NAJO Equip. Leasing, LLC v. Comm'r of Revenue, 477 S.W.3d 763 (Tenn. Ct. App. 2015). “Analysis This case requires us to interpret certain provisions in the Business Tax Act, codified at Tennessee Code Annotated Section 67-4-701 et seq., 6 and construe them properly according to Tennessee law.”
Westinghouse Elec. Corp. v. King, 678 S.W.2d 19 (Tenn. 1984). “(now T.C.A., §§ 67-4-701, et seq.). The taxes were paid for the years 1971-76 and were based upon the proceeds of contracts between Westinghouse and the Tennessee Valley Authority (TVA).”
Sec. Equip. Supply, Inc. v. Richard H. Roberts, Comm'r Of Revenue, State of Tennessee, 520 S.W.3d 18 (Tenn. Ct. App. 2016). “At issue is whether a taxpayer’s sales are properly classified as “retail sales” or “wholesale sales” under the Business Tax Act, Tenn. Code Ann. §§ 67-4-701 to -730, and Tenn.”
Nissan North Am., Inc. v. Haislip, 155 S.W.3d 104 (Tenn. Ct. App. 2004). “, is read in pari materia with the Business Tax Act, which is codified at Tenn.Code Ann. § 67-4-701, et seq. Dixie Rents, Inc.”
Heath v. Creson, 949 S.W.2d 690 (Tenn. Ct. App. 1997). “In 1993, the Shelby County Clerk’s Office asserted that Heath operated as a hair stylist or barber and consequently was deemed a provider of services subject to taxation under the Business Tax Act, Tennessee Code Annotated §§ 67-4-701 to 67-4-1425 (1994 & Supp.1996).”
IBM Credit Corp. v. Cnty. of Hamilton, 830 S.W.2d 77 (Tenn. Ct. App. 1992). “Business Tax Act, Tenn.Code Ann. § 67-4-701 et seq. is a gross receipts tax that plaintiff has paid on the income derived from its leasing business.”
Chuck's Package Store v. City of Morristown, 545 S.W.3d 398 (Tenn. 2018). “In Heath , the taxpayer challenged the county's assessment of liability under the Business Tax Act, Tennessee Code Annotated sections 67-4-701, et seq. , by filing suit against county officials.”
Coble Sys., Inc. v. Armstrong, 660 S.W.2d 802 (Tenn. Ct. App. 1983). “§ 67-5801 (Business Tax Act) [now codified as § 67-4-701] provides that “It is the legislative intent that the taxes [based on gross receipts] imposed by this chapter shall be in lieu of any or all ad valorem taxes on the inventories of merchandise held for sale or exchange by…”
Denise Ashworth v. Greene Cnty. (Tenn. Ct. App. 2003). “Ashworth points out that she is the taxpayer with respect to “business taxes pursuant to T.C.A. § 67-4-701, et seq.” and “sales taxes pursuant to T.”
State of Tennessee v. F. Chris Cawood (Tenn. Crim. App. 2002). “at *3 (citing Tenn. Code Ann. § 67-4-701 ). Tennessee Code Annotated § 67-4-702(1) defines a “business,” in pertinent part, as follows: “‘Business’ includes any activity engaged in by any person, or caused to be engaged in by the person, with the object of gain, benefit, or…”
Cent. Woodwork, Inc. v. Cheyenne Johnson, Shelby Cnty. Assessor of Prop. (Tenn. Ct. App. 2015). “” The State Board in that case expressed concern that declaring Economy Pencil‟s component parts “inventory” would “lead to an anomalous result that the property in question would generate neither gross receipts nor ad valorem taxes.” Economy Pencil Company, Inc.”
Tenn. Code Ann. § 67-4-701(b): 1 case
IBM Credit Corp. v. Cnty. of Hamilton, 830 S.W.2d 77 (Tenn. Ct. App. 1992). “Business Tax Act, Tenn.Code Ann. § 67-4-701 et seq. is a gross receipts tax that plaintiff has paid on the income derived from its leasing business.”
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