What is the Recording Tax?
A recording tax of eleven and one half (11.5¢) cents for each one hundred ($100) dollars of indebtedness is due on any financing statement or amendment to a financing statement. You must state the “maximum principal indebtedness for Tennessee recording tax purposes” on either the face of the instrument or on an attached sworn statement “ The first two thousand ($2,000) dollars of total indebtedness is exempt from the recording tax; however, the exemption can only be taken once in relation to a financing statement. This tax is often referred to as the indebtedness tax.
How are recording taxes calculated?
The recording tax is computed by excluding the first $2,000.00 of maximum principal indebtedness reported on the financing statement and multiplying the remaining indebtedness by .00115 (11.5 cents per each 100 dollars of indebtedness).
- Example #1: A UCC1 states that the maximum amount of indebtedness for Tennessee recording tax purposes is $1,500.00. Since the first $2,000.00 of indebtedness on a financing statement is exempt, no recording tax is due.
- Example #2: A UCC1 states that the maximum amount of indebtedness for Tennessee recording tax purposes is $25,000.00. The amount of recording tax due is ($25,000.00 – $2,000.00) x .00115, or $23,000.00 x .00115, which equals $26.45.
- Example #3: A UCC3 amendment to the UCC1 financing statement in example #2 increases the indebtedness amount from $25,000.00 to $30,000.00 and the amendment states that the maximum amount of indebtedness for Tennessee recording tax purposes is $5,000.00. Since the $2,000.00 exemption has already been utilized regarding this financing statement when the UCC1 was filed, the amount of recording tax due is $5,000.00 x .00115 which equals $5.75.
Is there anything that I am required to state in the financing statement?
Every financing statement (or amendment that increases the maximum principal indebtedness) must state the amount of the maximum principal indebtedness on the face of the instrument or an attached sworn statement. Use the required language “Maximum Principal Indebtedness for Tennessee Recording Tax Purposes is $_______________________”.
If I have paid the recording tax in my county, do I have to pay it again when I file my financing statement?
If the recording tax on the stated indebtedness has been paid at the county level, the following are required:
- The indebtedness language (“Maximum Principal Indebtedness for Tennessee Recording Tax Purposes is $_______________________”)
- A statement to declare that the recording tax on the stated indebtedness has been paid at the county level, and
- Attach a tax receipt to the document if sending your filing in on paper. Enter the tax receipt details (County, date paid, receipt number and amount paid) online if web filing or web preparing the filing).
Make sure any receipt that you provide is readable. If you request an exemption from the indebtedness tax, you MUST request it in writing with an explanation for the request.