[Not applicable to decedents who die in 2016 or after, see section 67-8-318.]

(a) A tax is imposed for the general uses of the state, under the conditions and subject to the conditions and limitations prescribed in this part, upon transfers, in trust or otherwise, of the following property, or any interest in the property or accrued income from the property:

Terms Used In Tennessee Code 67-8-303

  • Decedent: A deceased person.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
  • Personal property: All property that is not real property.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) When the transfer is from a domiciliary of this state:

(A) Real property situated within this state;
(B) Tangible personal property, except such as has an actual situs without this state;
(C) All intangible personal property;
(D) Proceeds of insurance policies, except as provided in this part; and
(E) Proceeds of certain employee benefit trusts and plans to the extent provided in this part; or
(2) When the transfer is from a decedent who is not a domiciliary of this state:

(A) Real property situated within this state; and
(B) Tangible personal property that has an actual situs within this state.
(b) Property in which a decedent held a qualifying income interest for life, that is included for taxation pursuant to § 67-8-304(10), shall be treated as a taxable transfer of such property by such decedent.
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