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HB1842 • 2026

Taxes, Sales

AN ACT to amend Tennessee Code Annotated, Title 57, Chapter 3 and Title 67, relative to taxation.

Taxes
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Miller, Yarbro
Last action
2026-04-09
Official status
Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2026
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how this act will affect education funding or other aspects of revenue collection beyond mentioning it in passing.

Food Tax Exemption Act

This bill removes state sales tax on most food and food ingredients sold in Tennessee but keeps taxes on prepared foods, alcoholic beverages, candy, dietary supplements, and tobacco.

What This Bill Does

  • Removes the state's 4% sales tax on most food and food ingredients sold in Tennessee.
  • Keeps a sales tax on specific items like prepared foods, alcoholic beverages, candy, dietary supplements, and tobacco.

Who It Names or Affects

  • Tennessee residents who buy food and food ingredients.
  • Businesses selling food and related products in Tennessee.

Terms To Know

Sales tax
A tax charged by the government on the sale of goods or services.
Local Option Revenue Act
A law that allows local governments to set their own taxes for certain items, like food.

Limits and Unknowns

  • The bill does not change how much money the state collects from other types of sales tax.
  • It is unclear what specific impact this will have on education funding since part of the existing tax goes to K-12 schools.
  • Local governments can still set their own taxes for food items that are exempted by this act.

Bill History

  1. 2026-04-09 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2026

  2. 2026-03-17 Tennessee General Assembly

    Refer to Senate F,W&M Committee w/ negative recommendation

  3. 2026-03-11 Tennessee General Assembly

    Placed behind the budget

  4. 2026-03-10 Tennessee General Assembly

    Placed on Senate FW&M Revenue Subcommittee calendar for 3/17/2026

  5. 2026-03-04 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 3/11/2026

  6. 2026-02-24 Tennessee General Assembly

    Refer to Senate F,W&M Revenue Subcommittee

  7. 2026-02-18 Tennessee General Assembly

    Action Def. in s/c Finance, Ways, and Means Subcommittee to 3/11/2026

  8. 2026-02-11 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 2/18/2026

  9. 2026-02-05 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Finance, Ways, and Means Committee

  10. 2026-02-02 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  11. 2026-02-02 Tennessee General Assembly

    P2C, ref. to Finance, Ways, and Means Committee

  12. 2026-02-02 Tennessee General Assembly

    Introduced, Passed on First Consideration

  13. 2026-02-02 Tennessee General Assembly

    Filed for introduction

  14. 2026-01-22 Tennessee General Assembly

    Intro., P1C.

  15. 2026-01-21 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Present law imposes a state sales and use tax on food retail sales at a 4% tax rate for food and
food ingredients for human consumption. This bill eliminates such tax except for the following items, which must be taxed at the rate levied on the sale of tangible personal property at retail:
p
repared food
, a
lcoholic beverages
, c
andy
, d
ietary
s
upplements
, and t
obacco
.

T
his bill clarifies that its provisions do not eliminate local government tax rates on food and food ingredients that are taxable under the "1963 Local Option Revenue Act."

Current Bill Text

Read the full stored bill text
SENATE BILL 2314
By Yarbro

HOUSE BILL 1842
By Miller
HB1842
011528
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 57,
Chapter 3 and Title 67, relative to taxation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 67-6-228(a), is amended by deleting
the subsection and substituting instead the following:
(a) Notwithstanding this chapter to the contrary, except as otherwise provided in
subsections (b) and (c), the retail sale of food and food ingredients shall not be taxed.
SECTION 2. Tennessee Code Annotated, Section 67-6-228, is amended by adding the
following language as a new subsection (c):
Notwithstanding § 67-6-702(a) to the contrary, food and food ingredients are
taxable under part 7 of this chapter.
SECTION 3. Tennessee Code Annotated, Section 67-6-103(c)(2), is amended by
deleting the following language:
Revenue generated from one-half percent (0.5%) of the tax rate provided in § 67-6-228
shall continue to be deposited in the state general fund and earmarked for education
purposes in kindergarten through grade twelve (K-12) regardless of whether the tax rate
provided in § 67-6-228 is reduced below six percent (6%).
SECTION 4. Tennessee Code Annotated, Section 67-6-329(a), is amended by adding
the following as a new, appropriately designated subdivision:
( ) Food and food ingredients;
SECTION 5. Tennessee Code Annotated, Section 67-6-329(a)(18), is amended by
deleting the language "or food and food ingredients".

- 2 - 011528

SECTION 6. Tennessee Code Annotated, Section 67-6-229, is amended by deleting the
language "food and food ingredients or".
SECTION 7. Tennessee Code Annotated, Section 57-3-802(1), is amended by deleting
the language "that derives at least twenty percent (20%) of its sales taxable sales from the retail
sale of food and food ingredients for human consumption taxed at the rate provided in § 67-6-
228(a)" and substituting instead the language "that derives at least twenty percent (20%) of its
sales from the retail sale of food and food ingredients for human consumption".
SECTION 8. Tennessee Code Annotated, Section 57-3-806(d)(1), is amended by
deleting the language "must maintain a minimum of twenty percent (20%) of the licensee's sales
taxable sales from the retail sale of food and food ingredients for human consumption taxed at
the rate provided in § 67-6-228(a)" and substituting instead the language "must maintain a
minimum of twenty percent (20%) of the licensee's sales from the retail sale of food and food
ingredients for human consumption".
SECTION 9. This act takes effect July 1, 2026, the public welfare requiring it.