# Tenn. Code Ann. § 66-29-106: Presumption of abandonment of tax-deferred retirement account > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-106 ## Section - **Citation:** Tenn. Code Ann. § 66-29-106 - **Heading:** Presumption of abandonment of tax-deferred retirement account - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 66 / Chapter 29 / Section 66-29-106 ## Text (a) Except as otherwise provided in § 66-29-113 , and except for property held in a governmental plan, as that term is defined in 26 U.S.C. § 414 , property held in a pension account or retirement account that qualifies for tax deferral under the income tax laws of the United States, or property held in a Roth IRA, as that term is defined in 26 U.S.C. § 408A , is presumed abandoned if it is unclaimed by the apparent owner three (3) years after the later of: (1) The date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal service, or, if the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or (2) The earlier of: (A) The date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; provided, however, that for the purpose of determining a holder's reporting obligation pursuant to this section, Roth IRAs are treated like tax deferred retirement accounts; or (B) If the Internal Revenue Code ( 26 U.S.C. § 1 et seq.) requires distribution, two (2) years after the date the holder in the ordinary course of its business receives confirmation of the death of the apparent owner. (b) If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subdivision (a)(2) applies, the holder shall attempt, not later than ninety (90) days after receipt of the notice or indication, to confirm whether the apparent owner is deceased. (c) If the apparent owner of an account described in subsection (a) does not receive communications from the holder by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the property by sending the apparent owner an electronic mail communication not later than two (2) years after the apparent owner's last indication of interest in the property. If the holder receives notification that the electronic mail communication was not received, or if the apparent owner does not respond to the electronic mail communication within thirty (30) days after the communication was sent, the holder shall promptly attempt to contact the apparent owner by first-class United States mail. If the mail is returned to the holder undelivered by the United States postal service, the property is presumed abandoned three (3) years after the later of: (1) The date a second consecutive communication to contact the apparent owner sent by first-class United States mail is returned to the holder undelivered by the United States postal service, or, if the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or (2) The date established by subdivision (a)(2). Amended by 2021 Tenn. Acts, ch. 258, s 1, eff. 4/28/2021. Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 5; T.C.A., §§ 64-2905, 66-29-105; Acts 1985, ch. 401, § 4; 1986, ch. 539, § 13; 1993, ch. 195, §§ 3-5. d undelivered, the date the first communication was returned undelivered by the United States postal service; or (2) The date established by subdivision (a)(2). Amended by 2021 Tenn. Acts, ch. 258, s 1, eff. 4/28/2021. Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 5; T.C.A., §§ 64-2905, 66-29-105; Acts 1985, ch. 401, § 4; 1986, ch. 539, § 13; 1993, ch. 195, §§ 3-5. (a) Except as otherwise provided in § 66-29-113 , and except for property held in a governmental plan, as that term is defined in 26 U.S.C. § 414 , property held in a pension account or retirement account that qualifies for tax deferral under the income tax laws of the United States, or property held in a Roth IRA, as that term is defined in 26 U.S.C. § 408A , is presumed abandoned if it is unclaimed by the apparent owner three (3) years after the later of: (1) The date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal service, or, if the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or (2) The earlier of: (A) The date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; provided, however, that for the purpose of determining a holder's reporting obligation pursuant to this section, Roth IRAs are treated like tax deferred retirement accounts; or (B) If the Internal Revenue Code ( 26 U.S.C. § 1 et seq.) requires distribution, two (2) years after the date the holder in the ordinary course of its business receives confirmation of the death of the apparent owner. (1) The date a second consecutive communication sent by the holder by first-class United States mail to the apparent owner is returned to the holder undelivered by the United States postal service, or, if the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or (2) The earlier of: (A) The date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; provided, however, that for the purpose of determining a holder's reporting obligation pursuant to this section, Roth IRAs are treated like tax deferred retirement accounts; or (B) If the Internal Revenue Code ( 26 U.S.C. § 1 et seq.) requires distribution, two (2) years after the date the holder in the ordinary course of its business receives confirmation of the death of the apparent owner. (A) The date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty; provided, however, that for the purpose of determining a holder's reporting obligation pursuant to this section, Roth IRAs are treated like tax deferred retirement accounts; or (B) If the Internal Revenue Code ( 26 U.S.C. § 1 et seq.) requires distribution, two (2) years after the date the holder in the ordinary course of its business receives confirmation of the death of the apparent owner. (b) If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subdivision (a)(2) applies, the holder shall attempt, not later than ninety (90) days after receipt of the notice or indication, to confirm whether the apparent owner is deceased. the ordinary course of its business receives confirmation of the death of the apparent owner. (b) If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner and subdivision (a)(2) applies, the holder shall attempt, not later than ninety (90) days after receipt of the notice or indication, to confirm whether the apparent owner is deceased. (c) If the apparent owner of an account described in subsection (a) does not receive communications from the holder by first-class United States mail, the holder shall attempt to confirm the apparent owner's interest in the property by sending the apparent owner an electronic mail communication not later than two (2) years after the apparent owner's last indication of interest in the property. If the holder receives notification that the electronic mail communication was not received, or if the apparent owner does not respond to the electronic mail communication within thirty (30) days after the communication was sent, the holder shall promptly attempt to contact the apparent owner by first-class United States mail. If the mail is returned to the holder undelivered by the United States postal service, the property is presumed abandoned three (3) years after the later of: (1) The date a second consecutive communication to contact the apparent owner sent by first-class United States mail is returned to the holder undelivered by the United States postal service, or, if the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or (2) The date established by subdivision (a)(2). (1) The date a second consecutive communication to contact the apparent owner sent by first-class United States mail is returned to the holder undelivered by the United States postal service, or, if the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States postal service; or (2) The date established by subdivision (a)(2). Amended by 2021 Tenn. Acts, ch. 258, s 1, eff. 4/28/2021. Amended by 2017 Tenn. Acts, ch. 457, s 1, eff. 7/1/2017. Acts 1978, ch. 561, § 5; T.C.A., §§ 64-2905, 66-29-105; Acts 1985, ch. 401, § 4; 1986, ch. 539, § 13; 1993, ch. 195, §§ 3-5. ## Nearby sections - [Tenn. Code Ann. § 66-29-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-101.md) - [Tenn. Code Ann. § 66-29-102 Part definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-102.md) - [Tenn. Code Ann. § 66-29-103 Inapplicability to foreign transactions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-103.md) - [Tenn. Code Ann. § 66-29-104 Promulgation of rules](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-104.md) - [Tenn. Code Ann. § 66-29-105 Presumption of abandonment of various types of property](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-105.md) - [Tenn. Code Ann. § 66-29-106 Presumption of abandonment of tax-deferred retirement account](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-106.md) - [Tenn. Code Ann. § 66-29-107 Presumption of abandonment of other tax-deferred accounts](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-107.md) - [Tenn. Code Ann. § 66-29-108 Presumption of abandonment of custodial account for minor](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-108.md) - [Tenn. Code Ann. § 66-29-109 Presumption of abandonment of contents of safe deposit boxes](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-109.md) - [Tenn. Code Ann. § 66-29-110 Presumption of abandonment of stored-value card](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-110.md) - [Tenn. Code Ann. § 66-29-111 Presumption of abandonment of security](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-111.md) - [Tenn. Code Ann. § 66-29-112 Presumption of abandonment of related property](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-112.md) - [Tenn. Code Ann. § 66-29-113 Indication of apparent owner's interest in property](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-113.md) - [Tenn. Code Ann. § 66-29-114 Knowledge of death of insured or annuitant](https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T66_C29_S66-29-106. Check the current official text before relying on it. Not legal advice.