Tennessee Lease for Franchisor - Owned Locations

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Multi-State
Control #:
US-3-01-STP
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Word; 
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Description

This form is a franchise lease agreement. The lessor agrees to lease to the franchise owner certain real estate as described in the document. The franchise owner will use and occupy the premises solely for an ABC System Restaurant.

A Tennessee Lease for Franchisor-Owned Locations refers to a specific type of leasing agreement that occurs when a franchisor owns the property where a franchise is operated. This agreement will outline the terms and conditions between the franchisor and the franchisee regarding the use of the property. In Tennessee, there are a few different types of leases that can be used for franchisor-owned locations: 1. Gross Lease: Under a gross lease, the franchisor will be responsible for paying all operating expenses, including property taxes, insurance, and maintenance costs. The franchisee will typically pay a fixed rent amount each month, making it easier to budget expenses. 2. Net Lease: In a net lease, the franchisee is responsible for paying not only the monthly rent but also a share of the property taxes, insurance, and maintenance costs. These additional expenses are usually prorated based on the square footage of the leased space. 3. Percentage Lease: A percentage lease is commonly used in retail franchises, where the franchisee pays a percentage of their sales revenue as rent. This type of lease is often combined with a base rent amount to ensure a minimum rent payment. 4. Triple Net Lease: A triple net lease is similar to a net lease but includes three additional expenses: property taxes, insurance, and maintenance costs. With a triple net lease, the franchisee is responsible for paying all these expenses in addition to the base rent. This type of lease is commonly used for freestanding franchise locations. When entering into a Tennessee Lease for Franchisor-Owned Locations, certain essential elements should be included. These may consist of the lease term, rent amount and payment schedule, responsibilities for maintenance and repairs, the condition of the property upon lease commencement, allocation of operating expenses, insurance requirements, and any specific provisions related to the franchise agreement. It is crucial for both the franchisor and franchisee to carefully review and negotiate the lease agreement, ensuring that all terms and conditions are clearly stated and beneficial to both parties. Working with a qualified attorney experienced in franchising can provide valuable guidance and help protect the interests of both the franchisor and franchisee throughout the leasing process.

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FAQ

Overview. If you are a corporation, limited partnership, limited liability company, or business trust chartered, qualified, or registered in Tennessee or doing business in this state, then you must register for and pay franchise and excise taxes.

Certain entities under specific circumstances are exempt from paying the business tax. These may include, but are not limited to, people acting as employees, manufacturers, religious and charitable entities selling donated items, direct-to-home satellite providers, and movie theaters.

Overview. If you are a corporation, limited partnership, limited liability company, or business trust chartered, qualified, or registered in Tennessee or doing business in this state, then you must register for and pay franchise and excise taxes.

Specifically, Section 101(a)(1) of Public Law 86-272 provides that the state shall not have power to impose a net income tax ?on the income derived within such State by any person from interstate commerce if the only business activities within such State by or on behalf of such person during such taxable year? include ...

There are some exemptions to filing franchise and excise tax. For example, certain limited liability companies, limited partnerships and limited liability partnerships whose activities are at least 66% farming or holding personal residences where one or more of its partners or members reside are exempt.

Some customers are exempt from paying sales tax under Tennessee law. Examples include government agencies, some nonprofit organizations, and merchants purchasing goods for resale. Sellers are required to collect a valid exemption or resale certificate from buyers to validate each exempt transaction.

There are some exemptions to filing franchise and excise tax. For example, certain limited liability companies, limited partnerships and limited liability partnerships whose activities are at least 66% farming or holding personal residences where one or more of its partners or members reside are exempt.

T.C.A. § 67-1-801 provides for the rate of interest to be charged on delinquent tax payments. This rate is called the ?formula rate of interest? and is determined and set annually by the Tennessee commissioner of revenue.

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Tennessee Lease for Franchisor - Owned Locations