Tenn. Comp. R. & Regs. 1320-05-01-.121

Current through October 22, 2024
Section 1320-05-01-.121 - FREE, COMPLIMENTARY, OR REDUCED DUES, FEES, OR ADMISSION CHARGES

Free or complimentary dues, fees, or admission charges are taxable when made in connection with a valuable contribution. Tax shall apply only to that portion of the contribution which represents the fair market value of the membership or admission. Where memberships or admissions are purchased at a reduced charge, tax shall apply only to the reduced charge; provided that tax shall also apply to any additional contribution up to the actual fair market value of the membership or admission. The sales and use tax is not imposed on free amusements provided to employees of amusement providers as fringe benefits (e.g., free tans to employees of a tanning bed operator or free membership to employees of a health spa).

Tenn. Comp. R. & Regs. 1320-05-01-.121

Original rule filed May 18, 1984; effective June 17, 1984. Amendments filed June 28, 2016; effective 9/26/2016.

Authority: T.C.A. §§ 67-1-102, 67-6-212, and 67-6-402.