Rules & Regulations of the State of Tennessee
Title 1320 - Revenue
Subtitle 1320-05 - Sales and Use Tax Division
Chapter 1320-05-01 - State Sales and Use Tax Rules
Section 1320-05-01-.121 - FREE, COMPLIMENTARY, OR REDUCED DUES, FEES, OR ADMISSION CHARGES
Free or complimentary dues, fees, or admission charges are taxable when made in connection with a valuable contribution. Tax shall apply only to that portion of the contribution which represents the fair market value of the membership or admission. Where memberships or admissions are purchased at a reduced charge, tax shall apply only to the reduced charge; provided that tax shall also apply to any additional contribution up to the actual fair market value of the membership or admission. The sales and use tax is not imposed on free amusements provided to employees of amusement providers as fringe benefits (e.g., free tans to employees of a tanning bed operator or free membership to employees of a health spa).
Authority: T.C.A. §§ 67-1-102, 67-6-212, and 67-6-402.