1320-05-01-.51
Religious,
Cite as Tenn. Comp. R. & Regs. 1320-05-01-.51
CHARITABLE,
EDUCATIONAL
AND
OTHER
NON-PROFIT
INSTITUTIONS.
(1)
Sales made to individuals or organizations for the use and benefit of institutions which may
themselves be exempt from the Sales or Use Tax, are subject to the Sales or Use Tax.
(2)
Sales of tangible personal property to churches or other religious, charitable, educational,
scientific or any other similar institution for the purpose of resale when such organizations are
not regularly engaged in the business of selling tangible personal property, are subject to the
Sales and Use Tax, and the church or other institution shall not be required to charge or be
liable for any tax on such sales. In the event, however, any church or other similar institution
is regularly engaged in the business of selling tangible personal property or furnishing any
taxable service, it shall qualify with the Department as a dealer and be liable for any tax due
on such sales.
(3)
Religious, charitable or educational institutions entitled to an exemption from sales or use tax
upon tangible personal property sold, given or donated to them will be issued a letter of
exemption upon application to the commissioner. When purchasing goods and services from
suppliers, the exempt institution must furnish its supplier with a properly completed copy of
the letter or valid exemption under 26 U.S.C. 501(c)(3) pursuant to T.C.A. § 67-6-322(e). The
exempt institution should retain the original exemption letter with the lower portion left
uncompleted for copy making purposes. For the purpose of these rules, “letter of exemption”
and “exemption letter” shall have the same meaning as “certificate of exemption” and
“exemption certificate”