(a) There is exempt from this chapter the sale at retail of used clothing, if such clothing is sold by an institution or organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3).
Terms Used In Tennessee Code 67-6-348
Clothing: means all human wearing apparel suitable for general use. See Tennessee Code 67-6-102
Commissioner: means and includes the commissioner of revenue or the commissioner's duly authorized assistants. See Tennessee Code 67-6-102
Sale: includes the furnishing of any of the things or services taxable under this chapter. See Tennessee Code 67-6-102
(b) The exemption granted under subsection (a) shall be limited to such institutions or organizations that are not organized or operated for profit, and no part of the net earnings of which inures to the benefit of any private shareholder or individual.(c) No institution or organization shall be exempt under subsection (a), unless the institution or organization shall have issued to it by the commissioner an exemption certificate declaring that such institution or organization is entitled to the exemption provided for by subsection (a). (d) The commissioner is authorized to make final determination after a hearing, if demanded, as to whether any institution or organization is entitled to the benefit of the exemption established by subsection (a).(e) All proceeds from sales exempted by this section must be for 26 U.S.C. § 501(c)(3) purposes.
