Public-domain · open source
OpenJurist

Tenn. Code Ann. § 60-1-301

Severance tax levied — Exceptions — Disposition of revenues — Moratorium on taxes

Applied in 1 court decision — leading case The Coal Creek Company v. Anderson County, Tennessee (2017)

Most recently applied in The Coal Creek Company v. Anderson County, Tennessee (October 2017)

Acts 1943, ch. 64, § 13; C

(1) There is levied a severance tax on all gas and oil removed from the ground in Tennessee. The measure of the tax for such gas and oil shall be three percent (3%) of the sale price of such gas and oil. Every person actually engaged in severing oil or gas, or actually operating oil or gas property under contracts or agreements requiring direct payments to the owners of any royalty interest, excess royalty or working interest, either in money or otherwise, shall be liable for the tax imposed by this section and shall, prior to making any such payments, withhold from any quantity or amount due the amount of tax due pursuant to this section.

(2) The tax shall be levied for the use and benefit of the state, as well as the county governments and one third (1/3) of all revenues collected from the tax shall be allocated to the county which was the site of the wellhead for that gas or oil. The remaining two thirds (2/3) of such revenues shall be deposited to the credit of the state treasurer as a part of the general funds of the state.

(3) No other tax shall be imposed on such gas and oil by the state, counties or any other political subdivision of the state; provided, however, that: Free gas used by the property owner or tenant under the terms of the lease, unless it be in lieu of cash payment; and

(4) Gas which has been injected into the ground for underground storage and thereafter withdrawn shall not be subject to this, or any taxation.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.