Title XI, Revenue and Taxation
15 chapters · 869 sections in this title.
KRS § 141.423 Nonrefundable credit for biodiesel producer, biodiesel blender, or renewable diesel producer
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renewable diesel producer. (1) (a) A biodiesel producer, biodiesel blender, or renewable diesel producer shall be entitled to a nonrefundable tax credit against the taxes imposed by KRS 141.020 or 141.040 and KRS 141.0401 in an amount certified by the department under subsection …
KRS § 141.4231 Renewable chemical production tax credit
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(1) (a) An eligible business that: 1. Has entered into an agreement under KRS 246.700(3); 2. Receives certification from the Department of Agriculture of the preliminary tax credit under KRS 246.700(6); and 3. Receives authorization from the department regarding the amount of tax…
KRS § 141.424 Biodiesel credit distribution for pass-through entities
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(1) In the case of a biodiesel producer, biodiesel blender, or renewable diesel producer which is a pass-through entity not subject to tax under KRS 141.040, the amount of approved credit shall be applied against the tax imposed by KRS 141.0401 at the entity level, and shall also…
KRS § 141.4242 Nonrefundable credit for producers of ethanol
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(1) (a) For taxable years beginning after December 31, 2007, an ethanol producer shall be eligible for a nonrefundable tax credit against the taxes imposed by KRS 141.020 or 141.040 and 141.0401 in an amount certified by the department under subsection (3) of this section. The cr…
KRS § 141.4244 Nonrefundable credit for producers of cellulosic ethanol
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(1) (a) For taxable years beginning after December 31, 2007, a cellulosic ethanol producer shall be eligible for a nonrefundable tax credit against the taxes imposed by KRS 141.020 or 141.040 and 141.0401 in an amount certified by the department under subsection (3) of this secti…
KRS § 141.4246 Ethanol or cellulosic ethanol credit distribution for pass-through entities
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(1) An ethanol producer or a cellulosic ethanol producer that is a pass-through entity not subject to tax under KRS 141.040 shall apply the amount of approved credit against the tax imposed by KRS 141.0401 at the entity level, and shall also distribute the amount of the approved …
KRS § 141.4248 Transfer of unused ethanol or cellulosic ethanol tax credit caps established by KRS 141.4242 and 141.4244
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established by KRS 141.4242 and 141.4244. (1) (a) If, in any calendar year, all approved applications for credit filed pursuant to KRS 141.4242 and 141.4244 do not completely use the annual cellulosic ethanol tax credit cap established by KRS 141.4244 or annual ethanol tax credit…
KRS § 141.425 Authorization for administrative regulations to administer biodiesel credit
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The department may promulgate administrative regulations necessary to administer KRS 141.422 to 141.424.
KRS § 141.428 Kentucky Clean Coal Incentive Act -- Definitions -- Tax credit -- Administrative regulations
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Administrative regulations. (1) As used in this section: (a) "Clean coal facility" means an electric generation facility beginning commercial operation on or after January 1, 2005, at a cost greater than one hundred fifty million dollars ($150,000,000) that is located in the Comm…
KRS § 141.432 Definitions for KRS 141.432 to 141.434
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As used in KRS 141.432 to 141.434, unless the context requires otherwise: (1) "Applicable percentage" means zero percent (0%) for each of the first two (2) credit allowance dates, seven percent (7%) for the third credit allowance date, and eight percent (8%) for the next four (4)…
KRS § 141.433 Application for New Markets Development Program tax credit
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(1) A qualified community development entity that seeks to have an equity investment or long-term debt security certified as a qualified equity investment and eligible for the tax credit permitted by KRS 141.434 shall apply to the department. The qualified community development e…
KRS § 141.434 New Markets Development Program tax credit
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(1) There is hereby created a Kentucky New Markets Development Program tax credit. (2) A person or entity that makes a qualified equity investment earns a vested right to the tax credit created by subsection (1) of this section. The amount of the credit shall be equal to thirty-n…
KRS § 141.435 Definitions for KRS 141.435 to 141.437
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As used in KRS 141.435 to 141.437: (1) "Active solar space-heating system" means a system that: (a) Consists of solar energy collectors that collect and absorb solar radiation combined with electric fans or pumps to transfer and distribute that solar heat; (b) May include an ener…
KRS § 141.436 Tax credit for installation of energy efficiency products for residential and commercial property -- Administrative regulations -- Reports
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commercial property -- Administrative regulations -- Reports. (1) (a) For taxable periods beginning after December 31, 2008, and beginning before January 1, 2016, there is hereby created a nonrefundable credit against the tax imposed under KRS 141.020 or 141.040, and KRS 141.0401…
KRS § 141.437 Tax credit for construction of ENERGY STAR home or sale of ENERGY STAR manufactured home -- Required verification -- Reports
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STAR manufactured home -- Required verification -- Reports. (1) As used in this section: (a) "ENERGY STAR home" means any single-family residence that qualifies for and receives the ENERGY STAR label under the ENERGY STAR Program administered by the United States Environmental Pr…
KRS § 141.438 Endow Kentucky tax credit
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(1) For taxable years beginning on or after January 1, 2011, there is hereby established the Endow Kentucky tax credit. (2) A taxpayer providing an endowment gift to a permanent endowment fund of a qualified community foundation, or county-specific component fund, or affiliate co…
KRS § 141.440 Designation of income tax refund to child victims' trust fund
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(1) Effective for the tax year beginning January 1, 1984, and until the State Treasurer certifies that the assets in the child victims' trust fund exceed twenty million dollars ($20,000,000), any individual, or individuals in the case of joint return, who is entitled to a tax ref…
KRS § 141.441 Designation of income tax refund to local history trust fund
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(1) Effective for taxable years beginning January 1, 2015, any taxpayer required to file a return under KRS 141.180 who is entitled to an income tax refund and who desires to contribute to the local history trust fund created under KRS 171.325 may designate an amount, not to exce…
KRS § 141.4425 Designation of income tax refund to Kentucky YMCA Youth Association
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(1) Effective for taxable years beginning on or after January 1, 2019, any taxpayer required to file a return under KRS 141.180 who is entitled to an income tax refund and who desires to contribute to the Kentucky YMCA Youth Assembly program may designate an amount, not to exceed…
KRS § 141.443 Designation of income tax refund to Special Olympics Kentucky
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(1) Effective for taxable years beginning January 1, 2016, any taxpayer required to file a return under KRS 141.180 who is entitled to an income tax refund and who desires to contribute to Special Olympics Kentucky may designate an amount, not to exceed the amount of the refund, …
KRS § 141.444 Designation of income tax refund to veterans' program trust fund
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A taxpayer required to file a return pursuant to KRS 141.180 who is entitled to an income tax refund and who desires to contribute to the veterans' program trust fund established by KRS 40.460(2)(b), may designate an amount, not to exceed the amount of the refund, to be paid to t…
KRS § 141.445 Designation of income tax refund to pediatric cancer research trust fund
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(1) Effective for taxable years beginning on or after January 1, 2016, any taxpayer required to file a return under KRS 141.180 who is entitled to an income tax refund and who desires to contribute to the pediatric cancer research trust fund created under KRS 211.595 may designat…
KRS § 141.446 Designation of income tax refund to breast cancer research and education trust fund
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trust fund. (1) Effective for taxable years beginning January 1, 2005, any taxpayer required to file a return under KRS 141.180 who is entitled to an income tax refund and who desires to contribute to the breast cancer research and education trust fund created under KRS 211.580 m…
KRS § 141.447 Designation of income tax refund to rape crisis center trust fund
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(1) Effective for taxable years beginning on or after January 1, 2016, any taxpayer required to file a return under KRS 141.180, who is entitled to an income tax refund and who desires to contribute to the rape crisis center trust fund created by KRS 211.603, may designate an amo…
KRS § 141.448 Designation of income tax refund to farms to food banks trust fund
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(1) Effective for taxable years beginning on or after January 1, 2013, any taxpayer required to file a return under KRS 141.180 who is entitled to an income tax refund and who desires to contribute to the farms to food banks trust fund created under KRS 247.985 may designate an a…
KRS § 141.449 Designation of income tax refund to Kentucky CASA network fund
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(1) Effective for taxable years beginning on or after January 1, 2019, any taxpayer required to file a return under KRS 141.180 who is entitled to an income tax refund and who desires to contribute to the Kentucky CASA network fund created by KRS 620.512 may designate an amount, …
KRS § 141.450 Public policy
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The General Assembly declares that it is the public policy of the Commonwealth of Kentucky to set aside and preserve, for the benefit of present and future generations, certain areas of unusual natural significance as laboratories for scientific research, as reservoirs of natural…
KRS § 141.455 Designation of income tax refund to nongame species protection and natural areas acquisition programs
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natural areas acquisition programs. Each taxpayer required to file a return pursuant to KRS 141.180 who is entitled to an income tax refund and who desires to contribute to the nongame species protection and natural areas acquisition programs of the Commonwealth may designate as …
KRS § 141.460 Space on form for designation
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(1) The Department of Revenue shall print on the face of the Kentucky individual income tax form a space for a taxpayer to designate that a contribution be made to the Kentucky Nature and Wildlife Fund from that taxpayer's income tax refund. The space for designating the contribu…
KRS § 141.465 Apportionment of funds -- Funds to be placed in interest-bearing account
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The commissioner of the Department of Revenue shall transfer fifty percent (50%) of the funds designated in KRS 141.460 to the nongame fish and wildlife fund created by KRS 150.165 and fifty percent (50%) to the Kentucky nature preserves fund created by KRS 146.520 and shall redu…
KRS § 141.470 Use of funds apportioned to the nature preserves fund
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The Office of Kentucky Nature Preserves shall maintain a separate account showing all remittances to, and disbursements from, the Kentucky nature preserves fund made from contributions under KRS 141.455. Contributions remitted to the Kentucky nature preserves fund under KRS 141.4…
KRS § 141.475 Rules and regulations
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The Department of Revenue shall promulgate such rules and regulations as may be necessary to effectively administer the provisions of KRS 141.455 to 141.470.
KRS § 141.480 Designation provisions void, when
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In the event of the enactment by the General Assembly of an act authorizing the collection of the state individual income tax, levied under KRS Chapter 141, by the federal government, the provisions of KRS 141.450 to 141.475 shall be void and shall stand repealed if the provision…
KRS § 141.500 Education Opportunity Account Program. (See LRC Note below)
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There is hereby established the Education Opportunity Account Program, also known as the EOA program. The purpose of the EOA program is to give more flexibility and choices in education to Kentucky residents and to address disparities in educational options available to students.
KRS § 141.502 Definitions for KRS 141.500 to 141.528 (See LRC Note below)
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As used in KRS 141.500 to 141.528: (1) "Account-granting organization" or "AGO" means a nonprofit organization that complies with the requirements of KRS 141.500 to 141.528 and: (a) Receives contributions, allocates funds, and administers EOAs; or (b) Is an intermediary organizat…
KRS § 141.504 Uniform process for education opportunity account allocation -- Qualifying expenses -- Provision for eligible student in county with population of 90,000 or more -- Duration of education opportunity account -- Prioritization of funding -- Restrictions. (See LRC Note below)
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Qualifying expenses -- Provision for eligible student in county with population of 90,000 or more -- Duration of education opportunity account -- Prioritization of funding -- Restrictions. (See LRC Note below) (1) Each AGO shall create a uniform process for determining the amount…
KRS § 141.506 Application to establish an education opportunity account for eligible students -- Renewal -- Process to cease funding student account. (See LRC Note below)
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students -- Renewal -- Process to cease funding student account. (See LRC Note below) (1) To establish an EOA for an eligible student, the parent shall submit an application to an AGO. (2) The AGO shall approve an application for an EOA if: (a) An AGO verifies that the student on…
KRS § 141.508 Application for tax credit -- Preliminary approval subject to annual tax credit cap -- Taxpayer notification -- Taxpayer contribution – Account-granting organization certification of contribution. (See LRC Note below)
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credit cap -- Taxpayer notification -- Taxpayer contribution – Account- granting organization certification of contribution. (See LRC Note below) (1) Prior to making a contribution to an AGO, the taxpayer or an AGO acting on behalf of the taxpayer shall apply to the department fo…
KRS § 141.510 Certification and renewal of certification of an account-granting organization -- Application -- Required information -- Department certification. (See LRC Note below)
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organization -- Application -- Required information -- Department certification. (See LRC Note below) (1) An organization that seeks to become an AGO shall apply for initial certification or renewal of certification from the department. (2) An application for initial certificatio…
KRS § 141.512 Minimal allocation of contributions required to education opportunity accounts by account-granting organization -- Standard application process for establishment of student eligibility for an account -- Transfer of funds from one account–granting organization to another -- Donations. (See LRC Note below)
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accounts by account-granting organization -- Standard application process for establishment of student eligibility for an account -- Transfer of funds from one account–granting organization to another -- Donations. (See LRC Note below) (1) An AGO shall ensure that at least ninety…
KRS § 141.514 Administration of education opportunity account tax credit and cap -- Required annual publications on department Web site. (See LRC Note below)
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Required annual publications on department Web site. (See LRC Note below) (1) To administer the tax credit and the total annual tax credit cap established in KRS 141.522, the department shall: (a) Create the tax credit application form, the forms to be used by the department to n…
KRS § 141.516 Audit of account-granting organization by department -- Notice of violation -- Revocation of certificate. (See LRC Note below)
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violation -- Revocation of certificate. (See LRC Note below) (1) The department may conduct an audit of an AGO or contract for the auditing of an AGO. (2) (a) In the event that the department determines that there has been a violation of KRS 141.500 to 141.528 by an AGO, the depa…
KRS § 141.518 Account-granting organization system of payment to education service providers -- Payments to an education opportunity account -- Approval of education service providers. (See LRC Note below)
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providers -- Payments to an education opportunity account -- Approval of education service providers. (See LRC Note below) (1) (a) Each AGO shall implement a commercially viable, cost-effective, and parent- friendly system for payment of services from EOAs to education service pr…
KRS § 141.520 Effect of Education Opportunity Account Program on education service provider -- Authority of government entities. (See LRC Note below)
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provider -- Authority of government entities. (See LRC Note below) (1) Nothing in KRS 141.500 to 141.528 shall be deemed to limit the independence or autonomy of an education service provider or to make the actions of an education service provider the actions of the state governm…
KRS § 141.522 Education Opportunity Account Program tax credit -- Cap on credit -- Prioritization. (See LRC Note below)
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Prioritization. (See LRC Note below) (1) (a) Effective for taxable years beginning on or after January 1, 2021, but before January 1, 2026, a nonrefundable, nontransferable tax credit shall be permitted against the tax imposed by KRS 141.020 or 141.040 and 141.0401, with the orde…
KRS § 141.524 Report by department on Education Opportunity Account Program. (See LRC Note below)
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LRC Note below) The department shall provide the following information to the Interim Joint Committee on Appropriations and Revenue no later than November 1, 2022, and no later than November 1 of each year thereafter as long as the tax credit permitted by KRS 141.522 is taken: (1…
KRS § 141.526 Standing for parents of eligible students. (See LRC Note below)
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If any part of KRS 141.500 to 141.528 is challenged in state court as violating either the state or federal constitutions, parents of students who would meet the criteria for being eligible students as defined by KRS 141.502 shall be permitted to intervene as of right in such law…
KRS § 141.528 Short title for KRS 141.500 to 141.528. (See LRC Note below)
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KRS 141.500 to 141.528 may be cited as the "Education Opportunity Account Act" or "EOA Act."
KRS § 141.900 Definitions for KRS Chapter 141 -- Taxable years beginning prior to January 1, 2018
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January 1, 2018. The definitions in this section are the same as the definitions appearing in KRS 141.010 prior to its repeal and reenactment in Section 53 of 2018 Ky. Acts chs. 171 and 207. For taxable years beginning prior to January 1, 2018, as used in this chapter, unless the…
KRS § 141.901 Division of income of interstate business for tax purposes -- Apportionment
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Apportionment. The provisions of this section are the same as appeared in KRS 141.120 prior to its repeal and reenactment in Section 60 of 2018 Ky. Acts chs. 171 and 207. This section applies to all corporations for taxable years beginning prior to January 1, 2018, and to a provi…