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e-Li: Electronic Library

Municipal Electric and Gas System Tax Equivalent Payments

Authority.  T.C.A. §§ 7-52-301 through 7-52-310, 7-39-401 through 7-39-406.

Description.  Every municipality may pay from its electric system and gas system revenues, each fiscal year, an amount for payments in lieu of taxes ("tax equivalents") on its electric and gas system property and operations.  The amount of the payment should represent the fair share of the cost of government as determined by the municipality's governing body, subject to the provisions of T.C.A. §§ 7-39-404 and 7-52-304 relative to the amounts of such payments.

Distribution.  Contracts for distribution of municipal electric tax equivalent payments are authorized by T.C.A. § 7-52-306.  In the absence of an agreement, a formula for apportionment of municipal electric system tax equivalent payments, wherein the county (or counties) receives 22.5 percent of the total tax equivalent payment, is provided in T.C.A. § 7-52-307.