Gatlinburg STR, Franchise and Excise Tax 6.5%

[Jose Bu]

My lender is willing to close our Gatlinburg STR property in my personal name or in the name of my LLC. I would love to close in the name of my LLC to have less liability. But If I close in the name of the LLC then TN charges a 6.5% Franchise and Excise tax (6.25% on net income and 0.25% on book value of the property annually ) which would be a significant amount.

My wife will be running the Operations (Airbnb, VRBO, etc) through a separate LLC which will be paying me a monthly rent as passive income.

Please let me know your thoughts and any advice on how you have minimized the impact of franchise and excise tax on your properties? 

I know there are certain exemptions such as FONCE but has anyone had any luck in getting approved for any of these exemptions ?

All help appreciated 

[Julie McCoy]

My properties are under my personal name and I have not run into an issue with franchise and excise tax.  I would recommend consulting with your CPA/a CPA knowledgeable of Tennessee law and examining your options.  

I suspect a fat umbrella policy will have you coming ahead financially while still offering significant liability protection. :)