Official Summary Text
PRO-RATED PROPERTY ASSESSMENTS
I
f, between January 1 and September 1 of any year, a building or improvement is moved, demolished or destroyed,
or substantially damaged by fire, flood, wind or any other disaster, and is not restored and replaced before September 1 of that year,
then
present law requires
the property assessor
to
update such damaged property's assessment to reflect the reduction in
value and prorate it for the next tax year.
However, this provision
does
not apply to the movement of a mobile home or other movable structure, including trailers or semitrailers that may be used, temporarily or permanently, as a residence, apartment, of
fice, storehouse, warehouse, or for any other commercial or industrial purpose. The state, county, or municipal tax collector must collect taxes on the basis of the revised or corrected assessment as prorated by the assessor. An improvement
is
deemed sub
stantially damaged when it has been rendered unfit for use or occupancy, or when such damage has reduced the value of the improvement by more than 50%.
This bill adds that
the same is required for buildings or improvements damaged or destroyed
between Se
ptember 1 and December 31 of any year
.
This provision is effective retroactively to January 1, 2024
,
and
also
does not apply to mobile homes or other movable structures
as described above.
IMPROVEMENT OR NEW BUILDING COMPLETION
I
f,
between
January 1
and September 1 of any year, an improvement or new building is completed
,
sold
,
or leased,
then present law requires
the property assessor
to
make or correct the
property's
assessment on the basis of the value of the improvement at the time of its completi
on. For the year in which
it
is
completed, the assessment, or increase in assessment, of the improvement must be prorated for the portion of the year following the date of its completion.
A
n improvement or new building is completed when the structural po
rtion of the building or improvement is substantially completed
or
when the real property is conveyed to a bona fide purchaser
. A
n improvement or new building
must not
be considered incomplete for assessment purposes for more than one calendar year follow
ing the date on which
the
construction
began
.
If
an improvement or new building is considered incomplete for assessment purposes on January 1 of any year,
then
the owner must, no later than February 1, submit to the property
assessor, in writing, the tota
l cost of all materials used as of January 1, and the property assessor must assess such incomplete structure as real property based on the fair market value of the materials used. Actual cost of all materials is prima facie evidence of the value of such
incomplete improvements. This bill excludes mobile homes or other movable structures
as described above
from th
ese
provision
s.
ASSISTANCE IN LOCATING IMPROVEMENTS
Present law
requires
the state director of fire prevention
to assist
property assessors in locating improvements to property
in counties where building permits are not required
by
each month provid
ing
the names of property owners and location of the property for which electrical inspections have been made. In addition, in
counties that do not require building permits, copies of permits for subsurface sewage disposal systems must be furnished to the property assessor of the county where such systems are located by the agency issuing such permits. This bill excludes mobile
homes or other movable structures
as described above
from th
ese
provision
s.
DECLARED DISASTERS
I
n the case of damage as a result of a disaster declared by the president of the United States,
present law requires
the annual assessment of an affected buil
ding or improvement in a county included in the presidential declaration
to
be prorated for the actual time the building or improvement is destroyed and not replaced, or the actual time the building or improvement is substantially damaged,
regardless of wh
ether
the building or improvement is restored or replaced by September 1
. T
he total time the building or improvement is destroyed or damaged and not replaced or restored
must
exceed 30 days. The owner must apply for relief to the assessor of property by
September 1 using a form approved by the director of the state division of property assessments. This provision
does
not take effect as to any particular county or municipality unless approved by a two-thirds vote of its governing body following the disas
ter declared by the president of the United States. This bill excludes mobile homes or other movable structures
as described above
from t
hese
provision
s
.
This bill adds that in the case of damage as a result of a disaster declared by the president of th
e United States, the annual assessment of an affected building or improvement in a county included in the presidential declaration must be prorated for the actual time the building or improvement is destroyed and not replaced, or the actual time the build
i
ng or improvement is substantially damaged, regardless of whether the building or improvement is restored or replaced by January 1 of the next year
.
T
he total time the building or improvement is destroyed or damaged and not replaced or restore
d must e
xcee
d 30 days. The owner must apply for this relief to the property assessor by January 1 of the next year using a form approved by the director of the state division of property assessments. For tax year 2024, the owner must apply by June 30, 2025. Th
ese
p
rovision
s
are
effective retroactively to January 1, 2024
,
and exclude mobile homes or other movable structures
as described above
from this provision. This provision does not take effect as to any particular county or municipality unless approved by a two
-thirds vote of its governing body following the disaster declared by the president of the United States.
Current Bill Text
Read the full stored bill text
SENATE BILL 431
By Reeves
HOUSE BILL 366
By Hale
HB0366
001315
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 67,
Chapter 5, Part 6, relative to property damaged by
disaster.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 67-5-603(a)(1), is amended by
redesignating the last sentence of the subdivision as a new subsection (e).
SECTION 2. Tennessee Code Annotated, Section 67-5-603(a)(1), is amended by
designating the existing language as subdivision (A) and adding the following as a new
subdivision (B):
(B) If, between September 1 and December 31 of any year, a building or
improvement is moved, demolished, or destroyed, or substantially damaged by fire,
flood, wind, or any other disaster, and is not restored and no other improvement is
constructed in its place before January 1 of the next year, the assessor of property shall
make or correct the assessment of such property on the basis of the value of the
property after the move, destruction, or substantial damage of the improvements,
notwithstanding the status of the property as of the assessment date of January 1;
provided, that for the year in which such improvement is moved, demolished, destroyed,
or so damaged, the assessor of property shall prorate the assessment of the
improvement for that portion of the year and apply it to the subsequent tax year. This
subdivision (a)(1)(B) is effective retroactively to January 1, 2024.
SECTION 3. Tennessee Code Annotated, Section 67-5-603(d), is amended by deleting
the language "subsection (a)" and substituting instead the language "subdivision (a)(1)(A)", and
- 2 - 001315
deleting the language "subsection (d)" and substituting instead the language "subdivision
(d)(1)".
SECTION 4. Tennessee Code Annotated, Section 67-5-603(d), is amended by
designating the existing language as subdivision (1) and adding the following as a new
subdivision (2):
(2) In the case of damage as a result of a disaster declared by the president of
the United States, the annual assessment of an affected building or improvement in a
county included in the presidential declaration must be prorated as otherwise provided in
subdivision (a)(1)(B), for the actual time the building or improvement is destroyed and
not replaced, or the actual time the building or improvement is substantially damaged,
notwithstanding the building or improvement is restored or replaced by January 1 of the
next year; provided, the total time the building or improvement is destroyed or damaged
and not replaced or restored, exceeds thirty (30) days. The owner must apply for this
relief to the assessor of property by January 1 of the next year using a form approved by
the director of the state division of property assessments; provided, that for tax year
2024, the owner must apply by June 30, 2025. This subdivision (d)(2) is effective
retroactively to January 1, 2024. This subdivision (d)(2) does not take effect as to any
particular county or municipality unless approved by a two-thirds (2/3) vote of its
governing body following the disaster being declared by the president of the United
States.
SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.