Tenn. Comp. R. & Regs. 0600-03-.07 - CERTIFICATION OF OWNERSHIP AND RESIDENCY

(1) A taxpayer, in order to qualify for property tax relief must have owned and used the property as his or her residence during some part of the given tax year for which tax relief is requested. Under no condition shall any taxpayer receive tax relief for property taxes paid on more than one (1) principal residence for any tax year. Evidence of ownership is required and must accompany the application. Acceptable evidence of ownership shall be the following:
(a) For a DV, a copy of the current year tax notice or receipt for each jurisdiction for which tax relief is requested;
(b) The completed ownership and income information on the DV or ACV; and
(c) The completed certification of reasonable care by the collecting official on the DV or ACV.
(2) For the DV, before completing the certification, the collecting official must establish the following:
(a) That the applicant is an owner as shown on the current year tax notice or receipt and the type of ownership interest; or if the applicant's name does not appear on the tax notice or receipt, the qualifications of the individual to apply for tax relief and the type of ownership must be evidenced. The taxpayer must establish that he or she was an owner of the property during the tax year, by evidence submitted no later than the Submission Date following the delinquency date for the tax jurisdiction.
(b) That the taxpayer was told to report the prior year's income of all owners of the property.
(c) That the authority to sign for the owner was established if someone other than the property owner applied or signed the application and a copy of the documentation was provided.
(3) For the ACV, before completing the certification, the collecting official must establish that the applicant reported information consistent with that of prior years and that there is no reason to believe the applicant misunderstood the instructions.
(4) Other considerations of Ownership Verification are as follows:
(a) Life Estate. A holder of a life estate may be eligible for tax relief. If the life estate is not shown on the tax receipt, acceptable evidence must be provided. Acceptable evidence will be a recorded property deed or other recorded conveyance.
(b) Surviving spouse of deceased taxpayer. If the surviving spouse is not eligible to receive tax relief in future years and the payment is a final one for the year of death of the spouse, a death certificate or an affidavit, in a format approved by the Division, can be attached to an ACV and credit given by the collecting official.
(c) Mobile Home Owner. An eligible taxpayer owning and whose principal residence is a mobile home may obtain tax relief if the following is provided in addition to the taxpayer's application:
1. A title or bill of sale;
2. In the event the taxpayer does not own the land, a form, in a format approved by the Division, from the assessor showing the appraised and assessed value of the mobile home; and
3. A copy of the tax receipt.
(d) Property Located in More than One County. When a property is divided by a county boundary(ies) tax relief will be calculated on the rate for the jurisdiction where the residence is located. Property tax relief will be paid only in the county where the residence is located.

Notes

Tenn. Comp. R. & Regs. 0600-03-.07
Original rule filed February 12, 1982; effective April 1, 1982. Repeal and new rule filed October 14, 1983; effective November 14, 1983. Amendment filed December 1, 1986; effective January 15, 1987. Amendment filed July 13, 1987; effective August 27, 1987. Amendment filed December 30, 1988; effective February 13, 1989. Amendment filed May 11, 2009; effective July 25, 2009. Amendments filed July 5, 2017; effective 10/3/2017.

Authority: Tennessee Constitution Article II, T.C.A. ยงยง 4-3-5103 and 67-5-701 through 67-5-704.

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