The Department does not construe all real estate rents as passive investment income. The state's classification may differ from federal law. Beginning July 1, 2009, the Department no longer considers rent received from commercial property as passive income.
For the purpose of this exemption, property is classified as industrial and commercial property if it is classified as such for property tax purposes, except that all real property that is used, or held for use, for dwelling purposes that contains more than four rental units is defined as industrial and commercial property. The industrial and commercial property includes all property of every kind used, directly or indirectly, or held for use, for any commercial, mining, industrial, manufacturing, trade, professional, club whether public or private, nonexempt lodge, business or similar purposes, whether conducted for profit or not.
In addition, property is classified as residential property if it is classified as such for property tax purposes, except that residential property includes all real property that is used, or held for use, for dwelling purposes and which contains no more than four rental units.
Reference: Tenn. Code Ann. § 67-5-501; 67-4-2008(11)(B)(iv).
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