# Tenn. Code Ann. § 67-2-110: Fiduciaries - Liability for return and tax > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-110 ## Section - **Citation:** Tenn. Code Ann. § 67-2-110 - **Heading:** Fiduciaries - Liability for return and tax - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 67 / Chapter 2 / Section 67-2-110 ## Text (a) Trustees, guardians, administrators, executors, and other persons acting in a fiduciary capacity who receive income taxable under this chapter for the benefit of residents of Tennessee shall be required to make returns under this chapter and to pay the tax levied by this chapter. However, a trustee of a charitable remainder trust, as defined in Internal Revenue Code § 664 ( 26 U.S.C. § 664 ), shall not be required to make returns under this chapter nor to pay the tax, but shall report to each resident beneficiary the amount of taxable income distributed to such resident beneficiary, who shall be liable for the tax under this chapter. Additionally, the trustee of a trust, which is treated under 26 U.S.C. §§ 671 - 678 as owned by one (1) grantor or one (1) other person and which does not obtain a taxpayer identification number, as permitted under the Internal Revenue Code and accompanying regulations, shall not be required to file returns under this chapter nor to pay the tax, but shall report the total amount of income received by the trustee to the resident grantor or other person, who shall file the return and pay the tax levied by this chapter. (b) Trustees, guardians, and other persons acting in a fiduciary capacity who are residents of Tennessee, and who receive income on behalf of nonresident beneficiaries, shall not be required to pay tax under this chapter even though such income be derived from stocks or bonds that would otherwise be assessable under this chapter. However, executors or administrators receiving income taxable under this chapter from stocks or bonds that were the property of a decedent who, at the time of death, resided in Tennessee shall pay tax upon the stocks or bonds until the time as such stocks or bonds have been distributed or transferred to distributees or legatees of the decedent. Amended by 2013 Tenn. Acts, ch. 480, s 2, eff. 5/20/2013. Acts 1931 (2nd Ex. Sess.), ch. 20, § 14; 1937, ch. 117, § 3; C. Supp. 1950, §1123.30; T.C.A. (orig. ed.), § 67-2616; Acts 1995, ch. 71, § 1. (a) Trustees, guardians, administrators, executors, and other persons acting in a fiduciary capacity who receive income taxable under this chapter for the benefit of residents of Tennessee shall be required to make returns under this chapter and to pay the tax levied by this chapter. However, a trustee of a charitable remainder trust, as defined in Internal Revenue Code § 664 ( 26 U.S.C. § 664 ), shall not be required to make returns under this chapter nor to pay the tax, but shall report to each resident beneficiary the amount of taxable income distributed to such resident beneficiary, who shall be liable for the tax under this chapter. Additionally, the trustee of a trust, which is treated under 26 U.S.C. §§ 671 - 678 as owned by one (1) grantor or one (1) other person and which does not obtain a taxpayer identification number, as permitted under the Internal Revenue Code and accompanying regulations, shall not be required to file returns under this chapter nor to pay the tax, but shall report the total amount of income received by the trustee to the resident grantor or other person, who shall file the return and pay the tax levied by this chapter. other person and which does not obtain a taxpayer identification number, as permitted under the Internal Revenue Code and accompanying regulations, shall not be required to file returns under this chapter nor to pay the tax, but shall report the total amount of income received by the trustee to the resident grantor or other person, who shall file the return and pay the tax levied by this chapter. (b) Trustees, guardians, and other persons acting in a fiduciary capacity who are residents of Tennessee, and who receive income on behalf of nonresident beneficiaries, shall not be required to pay tax under this chapter even though such income be derived from stocks or bonds that would otherwise be assessable under this chapter. However, executors or administrators receiving income taxable under this chapter from stocks or bonds that were the property of a decedent who, at the time of death, resided in Tennessee shall pay tax upon the stocks or bonds until the time as such stocks or bonds have been distributed or transferred to distributees or legatees of the decedent. Amended by 2013 Tenn. Acts, ch. 480, s 2, eff. 5/20/2013. Acts 1931 (2nd Ex. Sess.), ch. 20, § 14; 1937, ch. 117, § 3; C. Supp. 1950, §1123.30; T.C.A. (orig. ed.), § 67-2616; Acts 1995, ch. 71, § 1. ## Nearby sections - [Tenn. Code Ann. § 67-2-101 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-101.md) - [Tenn. Code Ann. § 67-2-102 Imposition, rate and collection of tax](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-102.md) - [Tenn. Code Ann. § 67-2-103 Tax for state purposes only](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-103.md) - [Tenn. Code Ann. § 67-2-104 Exemptions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-104.md) - [Tenn. Code Ann. § 67-2-105 Back assessments prohibited](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-105.md) - [Tenn. Code Ann. § 67-2-107 Returns generally](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-107.md) - [Tenn. Code Ann. § 67-2-108 Confidentiality of returns](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-108.md) - [Tenn. Code Ann. § 67-2-109 Brokers - Liability for return and tax](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-109.md) - [Tenn. Code Ann. § 67-2-110 Fiduciaries - Liability for return and tax](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-110.md) - [Tenn. Code Ann. § 67-2-111 Foreign trust beneficiaries - Liability for return and tax](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-111.md) - [Tenn. Code Ann. § 67-2-112 Date tax due - Member of armed forces serving during period of hostilities](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-112.md) - [Tenn. Code Ann. § 67-2-113 Powers of commissioner - Assistants](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-113.md) - [Tenn. Code Ann. § 67-2-114 Interest and penalties - Armed forces exclusion - Assessment or collection of tax or liability](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-114.md) - [Tenn. Code Ann. § 67-2-115 Determination of tax by commissioner](https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-115.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T67_C2_S67-2-110. Check the current official text before relying on it. Not legal advice.