SB2433112th GA (Historical)Introduced

Amends TCA Section 67-1-1403.

This bill authorizes the department of revenue to establish a digital public database known as the state tax lien registry for purposes of recording state tax lien notices. The state tax lien registry must include the recorded date and time of a notice of state tax lien, the name of the taxpayer, and the recorded date and time of a notice of release of lien if applicable. A notice of lien in the state tax lien registry will be effective statewide from the date and time it is recorded. The recordation will constitute notice of both the original proposed assessment and all subsequent assessments of liability against the same taxpayer. The department must disclose the specific amount of liability at a given date to an interested party legally entitled to the information upon request. This bill requires the department to ensure, upon implementation of the registry, that all unreleased and unexpired notices of state tax liens previously recorded by a county register deeds in the county or counties in which the taxpayer's business or residence is located, or in any county in which the taxpayer has an interest in property are automatically transferred to the state tax lien registry. The transfer will not release or interrupt the effectiveness of a lien. All unreleased and unexpired notices of state tax liens recorded in the office of a county register of deeds will continue in operation under the state tax lien registry and remain effective from the date originally recorded by the register of deeds. A notice of release of a state tax lien recorded in the state tax lien registry will constitute a release of the state tax lien within the registry as well as the county in which the state tax lien was previously recorded. The information contained on the state tax lien registry will be controlling, and the registry will supersede the records of a county. Upon implementation of the registry, the registers of deeds will be relieved of statutory obligations for filing and maintaining filed notices of state tax liens. Information must be posted in each county where liens are generally filed providing instructions on how to access the state tax lien registry for recorded notices of state tax liens. This bill will not invalidate a lien filed by the department with a county register of deeds prior to this bill's effective date.

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Overview

This bill authorizes the department of revenue to establish a digital public database known as the state tax lien registry for purposes of recording state tax lien notices. The state tax lien registry must include the recorded date and time of a notice of state tax lien, the name of the taxpayer, and the recorded date and time of a notice of release of lien if applicable. A notice of lien in the state tax lien registry will be effective statewide from the date and time it is recorded. The recordation will constitute notice of both the original proposed assessment and all subsequent assessments of liability against the same taxpayer. The department must disclose the specific amount of liability at a given date to an interested party legally entitled to the information upon request. This bill requires the department to ensure, upon implementation of the registry, that all unreleased and unexpired notices of state tax liens previously recorded by a county register deeds in the county or counties in which the taxpayer's business or residence is located, or in any county in which the taxpayer has an interest in property are automatically transferred to the state tax lien registry. The transfer will not release or interrupt the effectiveness of a lien. All unreleased and unexpired notices of state tax liens recorded in the office of a county register of deeds will continue in operation under the state tax lien registry and remain effective from the date originally recorded by the register of deeds. A notice of release of a state tax lien recorded in the state tax lien registry will constitute a release of the state tax lien within the registry as well as the county in which the state tax lien was previously recorded. The information contained on the state tax lien registry will be controlling, and the registry will supersede the records of a county. Upon implementation of the registry, the registers of deeds will be relieved of statutory obligations for filing and maintaining filed notices of state tax liens. Information must be posted in each county where liens are generally filed providing instructions on how to access the state tax lien registry for recorded notices of state tax liens. This bill will not invalidate a lien filed by the department with a county register of deeds prior to this bill's effective date.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 1, 2022

Subjects
4615406040262825

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SB2433: Amends TCA Section 67-1-1403. | LegisGo