March 3, 2025
By: Dwayne Page
DeKalb County would stand to gain perhaps as much as $435,000 under proposed state legislation allowing counties to keep half of their real estate transfer taxes which is collected by County Registers of Deeds and currently goes to the Tennessee Department of Revenue. If approved, funds to the counties under this legislation could be used for certain non-recurring expenses including roads, bridges, schools and other public facilities infrastructure, debt service for capital projects, and matching funds for state and federal projects.
State Representative Michael Hale is a co-sponsor of the bill in the House filed by Representative Pat Marsh of Shelbyville. It is sponsored in the Senate by Senator Jack Johnson of Franklin.
“There was a time (during the Governor Phil Bredesen Administration) when state government was struggling financially so they pulled into the state a lot of fees that were going to local governments,” said Representative Hale. “We have been in some better times in more recent years but the local governments never got those monies back. This bill will fund part of those property transfer fees back to the counties. Right now, all of that money goes to the state. For DeKalb County, the approximate amount is $435,000 that would come back and for the other counties in the 40th district the amounts could be up to $208,000 for Cannon County, $283,000 to Smith County, and $123,000 for Jackson County. This was not in Governor Bill Lee’s budget and I don’t know if it will be in his amended budget which will be coming out in the next few weeks. Even if the governor doesn’t have it in his amended budget we still have the option to be able to do those things as the general assembly. I feel like this is something that will happen. There was a discussion of maybe phasing it in over a two-year period but the way the bill is now it would be done all up front,” said Representative Hale.
Under the proposed legislation the state recordation tax law would be amended as follows:
(1) Notwithstanding another law to the contrary, the department shall remit back to each county, respectively, fifty percent (50%) of the recordation taxes on the transfer of realty levied under subsection (a) that are collected within that county.
(2) The funds received by counties pursuant to this subsection must not be used for salaries and benefits, but may be used for:
(A) Infrastructure, including, but not limited to, road and bridges, schools, and other public facilities.
(B) Debt service for capital projects.
(C) Matching funds for state and federal projects; and
(D) Other nonrecurring expenses.
(3) In allocating the funds received under this subsection, a county shall dedicate not less than fifty percent (50%) of the funds to transportation infrastructure projects; provided, that a county must not use the funds from this revenue source to supplant other state or local moneys appropriated or allocated for building, maintaining, or improving county roads or bridges. When presenting the annual work program pursuant to § 54-7-111, the chief administrative officer of the county highway department shall also present recommendations to the county commission for the use of these funds, prior to their appropriation.
(4) Due to the fluctuations in collections from the tax levied, funds received by the county under this subsection must not be considered a local revenue source when calculating the five-year average of local funds pursuant to § 67-3-901.
If adopted by the Tennessee General Assembly this act would take effect July 1, 2025 and apply to transfers of real property on or after such date”.