Tennessee DSCR loans, and what the paperwork is billed at
What Tennessee charges to deed a rental into an LLC
Taxable. A warranty deed conveying a Tennessee rental into an LLC the owner controls is taxable at $0.37 per $100 on the greater of consideration or fair market value, and where consideration is nil, that is the whole market value. On a $350,000 rental with no consideration the transfer tax is $1,295, plus the $12 recording fee, plus 11.5 cents per $100 of the indebtedness, the first $2,000 exempt, if a new deed of trust is recorded. (Tennessee Department of Revenue, Recordation Tax Manual, June 2026, read 25 August 2026)
How Tennessee taxes a rental differently
Tennessee taxes a rental differently from an owner-occupied home at the classification stage, not through a surcharge. Tenn. Const. art. II, sec. 28 assesses residential property at 25 percent of value 'provided that residential property containing two (2) or more rental units is hereby defined as industrial and commercial property', which is assessed at 40 percent. T.C.A. sec. 67-5-501(11) codifies it: residential property is 'all real property that is used, or held for use, for dwelling purposes and that contains not more than one (1) rental unit', with the mirror statement in sec. 67-5-501(4). So a duplex, triplex or fourplex held wholly as a rental is assessed at 40 percent of appraised value, sixty percent more assessed value than the same building would carry as a residence. Tennessee Attorney General Opinion No. 25-016 of 25 August 2025 answers the two cases that matter: a single-family, stand-alone property rented for periods longer than thirty days 'generally will be classified as residential', and a duplex where one half is rented and the other owner-occupied 'generally will be classified as residential' because it contains only one rental unit. Separately, an LLC holding Tennessee property owes state franchise and excise tax with a $100 minimum franchise tax unless it fits an exemption such as FONCE, which requires 95 percent ownership by relatives and that at least 66.67 percent of activity be passive investment income, and which counts rents as passive only where the residential property has no more than four residential units at any one location. (Tennessee Attorney General Opinion No. 25-016, Classification of Residential Property, read 25 August 2026)
What Tennessee charges to move title and record a mortgage
Tennessee charges two state recordation taxes under T.C.A. sec. 67-4-409, both collected by the county register of deeds and remitted to the Department of Revenue. Realty transfer tax is $0.37 per $100, paid by the grantee, on the greater of the consideration for the transfer or the value of the property, where value means 'the amount that the property transferred would command at a fair and voluntary sale, and no other value' (sec. 67-4-409(a)(1)(A)). Indebtedness or mortgage tax is 11.5 cents per $100 of the indebtedness evidenced by a recorded mortgage, deed of trust, conditional sales contract or UCC financing statement, paid by the mortgagor, with the first $2,000 exempt (secs. 67-4-409(b)(1) and (b)(5)). On a $400,000 note that is $457.70. There is no separate deed-stamp tax and no intangible tax on the mortgage beyond the indebtedness tax itself. (Tennessee Department of Revenue, Recordation Tax Manual, June 2026, read 25 August 2026)
Who supervises mortgage lending in Tennessee
Tennessee Department of Financial Institutions (TDFI), Commissioner Greg Gonzales, 312 Rosa L. Parks Avenue, Nashville TN 37243, (615) 741-2236. Mortgage lenders, brokers, servicers and originators are licensed under the Tennessee Residential Lending, Brokerage and Servicing Act, T.C.A. Title 45, Chapter 13, with rules at Chapter 0180-17. Applications, amendments and renewals are filed through NMLS. The same department also supervises banks, credit unions, trust companies, BIDCOs, industrial loan and thrift companies, insurance premium finance companies, title pledge lenders, check cashers, deferred presentment services companies, money transmitters and flexible credit lenders. (Tennessee Department of Financial Institutions, read 25 August 2026)
A Tennessee rental is bought twice by most of the people who buy one. First from the seller. Then again, months later, on the afternoon somebody decides the house ought to sit inside a company rather than a surname. Nothing about that second purchase is a purchase: the tenant stays, the building does not move, no money crosses, and the same person controls the same asset on both sides of it. The state bills it anyway, and the section above prints the four-figure result.
Doing it as a second step means being billed a second time
That charge is neither avoidable nor a penalty. It is what a deed costs here when the amount written on its face is nil, and the register of deeds collects it whoever the grantee turns out to be. What is avoidable is meeting it twice. Buy in your own surname in March, tidy the title into a company in October, and you have handed the register two chargeable conveyances of one building; nothing in the manual it works from cares that the second was housekeeping.
Two features of the base make the later step the worse one. The measure named in that section reaches for what the building is worth, not for what you once paid, so a rental that has done well is billed on the better number and the gap widens every year the decision is postponed. And a fresh deed of trust recorded alongside the new deed brings a further charge on the borrowing, so re-vesting and refinancing at the same counter is the costliest route to a structure nobody would call exotic. Settle the ownership question before the offer, not after the keys.
Nobody here is sitting on a discount for you to lose
An investor arriving from a state with an owner-occupant break learns to read the current tax line as a hand-me-down: small because the seller held a protection the buyer never inherits. There is nothing of that kind to inherit. None. Tennessee has no homestead property tax exemption. The State Board of Equalization's exemption regime reaches only religious, charitable, scientific, literary and nonprofit educational organisations, which must apply and be approved under T.C.A. secs. 67-5-201 to 227. The one owner-occupant benefit is Tax Relief for low-income elderly and disabled homeowners and disabled veterans or their surviving spouses (T.C.A. secs. 67-5-701 to 704), and the Comptroller states in terms that it is not an exemption: 'Tax relief is payment by the State of Tennessee to reimburse homeowners meeting certain eligibility requirements, for a part or all of paid property taxes. Tax Relief is not an exemption. You still receive your tax bill(s) and are responsible for paying your property taxes each year.' The $35,000 and $52,500 amounts that searchers find under T.C.A. sec. 26-2-301 are a creditor exemption from execution, attachment or sale under legal proceedings, and that section's own subsection (c) says 'The homestead exemption shall not operate against public taxes.' (Tennessee Comptroller of the Treasury, Property Tax Relief, read 25 August 2026) No protected base, no ceiling on how fast the figure may climb, and no exemption for a resident to have applied for. Whatever the outgoing owner slept in was not holding their bill down. Which is good news, and not permission to copy the line across.
The tax line answers to the door count, not to the tenant
The classification section above sorts buildings by counting rental units, and draws its boundary between one and two. That is an odd line if you think of a rental as a rental, and an ordinary one if you think of the state as sorting structures into classes and pricing the class. The consequence is direct: identical money, identical tenant, identical lease, two different expense lines, decided by how many front doors the thing has. The denominator you are measured on is not a property of the address by itself.
So a statewide figure has to be carried with its basis attached. What Tennessee publishes is an average measured against assessed value, not against the price on the contract: 1.904% (Tennessee State Board of Equalization, 2025 Tax Aggregate Report of Tennessee (prepared by the Comptroller of the Treasury, Division of Property Assessments), read 25 August 2026). Assessed value is a fraction of appraised value, and which fraction applies is precisely the class question above. Multiply a purchase price by that average and the answer comes out wrong by a whole factor, in the direction that flatters the deal.
One line on the settlement sheet you can price exactly
Very little about a deal here is knowable to the dollar in advance. Getting an instrument onto the public record is. The legislature set that charge, and setting it in statute swept aside the local acts that had let individual registers price their own counters, so a deed of a page or two costs the same at every register of deeds in all ninety-five counties: $12 (University of Tennessee County Technical Assistance Service, e-Li, Standard Fees (CTAS-794) and Data Processing Fee (CTAS-791), read 25 August 2026). Extra pages and extra instruments climb in published increments, on one schedule everywhere.
That fixes the proportion, which is the reason to say it out loud. A budget line labelled closing costs, imported from somewhere the recorder is the expensive part of the day, gets the trivial number right and the serious one wrong. The counter is cheap here. The instrument is not.
What the code does not put in an investor's way
Two questions shadow an owner who wants to pull equity out of one building and push it into the next. Does the state cap what may come out? None. Tennessee imposes no statutory limit on cash-out refinancing: no loan-to-value ceiling, no waiting period, no primary-residence-only rule and no cap on the cash a borrower may take. The only Tennessee chapter regulating the terms of a home loan is the Tennessee Home Loan Protection Act at T.C.A. title 45, chapter 20, and its twenty-one enumerated prohibitions at sec. 45-20-103 contain no LTV or cash-out limit. What that section does contain, by way of showing it was read in full, is a repayment-ability test with a 50 percent debt-to-income safe harbour (sec. 45-20-103(6)(B)), a financed points-and-fees cap of the greater of 3 percent or $1,500 (sec. 45-20-103(7)), and a prepayment-fee limit of 2 percent of the amount prepaid in the first 24 months. (Tennessee Code Annotated, Title 45, Chapter 20 (Tennessee Home Loan Protection Act), read 25 August 2026) Does it put a clock between one refinance and the next? It does, and that clock is drawn so narrowly that it is worth reading rather than remembering: T.C.A. sec. 45-20-103(4): 'No lender shall knowingly or intentionally make a high-cost home loan that refinances, within thirty (30) months, an existing home loan or high-cost home loan of the borrower, when the new loan does not have a reasonable benefit to the borrower, considering all the circumstances, including the terms of both the new and refinanced loans, the economic and noneconomic circumstances, the cost of the new loan, and the borrower's circumstances.' The window is longer than North Carolina's or Ohio's, but the reach is narrower than either, and for two reasons that must always be stated together. First, it bites only on a high-cost home loan, defined at sec. 45-20-102(8) as one meeting or exceeding the rate threshold or the total points-and-fees threshold, where the rate threshold is HOEPA's (sec. 45-20-102(14), pointing at 15 U.S.C. sec. 1602(aa) and 12 CFR 226.32). Second, 'home loan' is itself capped by size: sec. 45-20-102(9)(A) requires that the principal 'does not exceed the lesser of the conforming loan size limit for a single-family dwelling as established by the federal national mortgage association, or three hundred fifty thousand dollars ($350,000)', and (9)(B) and (9)(C) add consumer purpose and a 1-to-4 unit dwelling occupied by the borrower as their principal dwelling. So the rule reaches only owner-occupied consumer loans of $350,000 or less that are also priced above HOEPA. (Tennessee Code Annotated sec. 45-20-103(4) (Tennessee Home Loan Protection Act), read 25 August 2026)
Read together, the shape is plain. The chapter that could restrain any of this is built around a consumer borrowing against the roof over their own head, at a modest principal, on dear terms. Credit underwritten on what a tenant pays, secured by a building its borrower does not live in, misses every one of those conditions rather than squeaking past the last. That is an observation about reach and not an invitation: what no statute touches, the note and the deed of trust you sign still govern.
Where the answer for one building comes from
Three counters hold every figure this page has gestured at, and none of them is a search result: the register that prices the instruments, the assessor who sets the class, and the revenue department whose manual settles the base for a conveyance. Ask all three about the building rather than about the state, and ask before the ownership question is answered. BEDRWay is not a lender, a broker or a servicer and originates nothing anywhere; a file sent to us goes in front of a mortgage professional the state has cleared to originate in it.
Sources on this page were last read on 2026-08-25.