Title XI, Revenue and Taxation
15 chapters · 869 sections in this title.
KRS § 141.209 Annual election to have tax under KRS 141.020 imposed on pass-through entity -- Refundable tax credit -- Report to owner -- Administrative regulations
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entity -- Refundable tax credit -- Report to owner -- Administrative regulations. (1) For purposes of this section: (a) "Authorized person" means any individual with the authority from the electing entity to bind the electing entity or sign returns on its behalf; (b) "Direct owne…
KRS § 141.210 Auditing of returns -- Assessment of additional tax
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(1) As soon as practicable after each return is received, the department shall examine and audit it. (2) (a) 1. If the amount of tax computed by the department is greater than the amount returned by the taxpayer, the additional tax shall be assessed and a notice of assessment mai…
KRS § 141.211 Audits performed and additional tax assessed at the partnership level
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(1) As used in this section: (a) "Administrative adjustment request" means an administrative adjustment request filed by a partnership under Section 6227 of the Internal Revenue Code; (b) "Audited partnership" means a partnership subject to a partnership level audit resulting in …
KRS § 141.215 Deferred filing of returns and payment of taxes
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Members of the Army, Navy, Marines, Air Force, or Public Health Service of the United States government who serve in an area designated as a combat zone by presidential proclamation who are required by law to file an income tax return and pay income taxes to the State of Kentucky…
KRS § 141.220 Payment of tax -- When due
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The full amount of the unpaid tax payable by any taxpayer, as appears from the face of the return, shall be paid to the department at the time prescribed for filing the income tax return, determined without regard to any extension of time for filing the return.
KRS § 141.235 Action interfering with collection or payment prohibited -- Limitation on refund of taxes
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refund of taxes. (1) No suit shall be maintained in any court to restrain or delay the collection or payment of the tax levied by this chapter. (2) Any tax collected pursuant to the provisions of this chapter may be refunded or credited in accordance with the provisions of KRS 13…
KRS § 141.305 Estimated income tax payments -- Administrative regulations
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(1) For taxable years beginning on or after January 1, 2019, every individual shall make estimated income tax payments if his or her: (a) Gross income from sources other than wages upon which Kentucky income tax will be withheld can reasonably be expected to exceed five thousand …
KRS § 141.310 Withholding of tax from wages paid by employer
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(1) Every employer making payment of wages on or after January 1, 1971, shall deduct and withhold upon the wages a tax determined under KRS 141.315 or by the tables authorized by KRS 141.370. (2) If wages are paid with respect to a period which is not a payroll period, the amount…
KRS § 141.315 Department to promulgate regulations governing certain types of wage payments
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payments. If payment of wages is made to an employee by an employer: (1) With respect to a payroll period or other period, any part of which is included in a payroll period or other period with respect to which wages are also paid to such employee by such employer, or (2) Without…
KRS § 141.320 Remuneration paid by an employer deemed wages
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If the remuneration paid by an employer to an employee for services performed during one-half (1/2) or more of any payroll period of not more than thirty-one (31) consecutive days constitutes wages, all the remuneration paid by such employer to such employee for such period shall…
KRS § 141.325 Withholding exemptions -- Certificates
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(1) An employee receiving wages shall on any day be entitled to the following withholding exemptions: (a) For taxable years beginning prior to January 1, 2018: 1. One (1) exemption for himself; 2. One (1) exemption for each dependent for whom he would be entitled to a tax credit …
KRS § 141.330 Employers to file quarterly returns and make payments -- Liability -- Actions -- Lien on property of employer
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Actions -- Lien on property of employer. (1) Every employer required to deduct and withhold tax under KRS 141.310 and 141.315 shall, for the quarterly period beginning on the first day of January of each year, and for each quarterly period thereafter, on or before the last day of…
KRS § 141.335 Annual withholding statement to be furnished employee
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(1) Every person required to deduct and withhold from an employee a tax under KRS 141.310 or 141.315, or who would have been required to deduct and withhold a tax under KRS 141.310 or 141.315 if the employee had claimed no more than one (1) withholding exemption, shall furnish to…
KRS § 141.340 Liability of employer for tax payment -- Corporate officers, managers of limited liability companies, and partners of registered limited liability partnerships personally liable
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limited liability companies, and partners of registered limited liability partnerships personally liable. (1) An employer shall be liable for the payment of the tax required to be deducted and withheld under KRS 141.310 and 141.315, and shall not be liable to any person for the a…
KRS § 141.345 Refund or credit in case of overpayment
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(1) Where there has been an overpayment of tax under KRS 141.310 or 141.315, refund or credit shall be made to the employer only to the extent that the amount of such overpayment was not deducted and withheld under KRS 141.310 or 141.315 by the employer. (2) Unless written applic…
KRS § 141.347 Computation of income tax credit
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(1) As used in this section, unless the context requires otherwise: (a) "Approved company" shall have the same meaning as set forth in KRS 154.22-010; (b) "Economic development project" shall have the same meaning as set forth in KRS 154.22-010; (c) "Tax credit" means the "tax cr…
KRS § 141.350 Credit of amount withheld against tax imposed by KRS 141.020 for same taxable year
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taxable year. The amount deducted and withheld as tax under KRS 141.310 and 141.315 during any calendar year upon the wages of any individual and the amount of credit described in KRS 154.22-070(2), 154.24-110, 154.24-150(3) and (4), 154.25-040, 154.26-100(2), 154.27-080, 154.28-…
KRS § 141.355 Crediting of overpayment and refund of balance -- Withholding in excess of tax imposed by KRS 141.020, when considered overpayment
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of tax imposed by KRS 141.020, when considered overpayment. (1) Where there has been an overpayment of any tax imposed under KRS 141.020, 141.310, or 141.315, the amount of such overpayment shall be credited against any income tax or installment thereof then due from the taxpayer…
KRS § 141.370 Tables for determining tax to be withheld
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The tax levied under KRS 141.020 and required to be withheld under KRS 141.310, unless determined by KRS 141.315, shall be withheld in accordance with the tables provided by the department. The department shall annually publish withholding tables for use in determining the amount…
KRS § 141.381 Nonrefundable tax credit for entities participating in the Metropolitan College
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College. (1) As used in this section: (a) "Corporation" means the Bluegrass State Skills Corporation established by KRS 154.12-205; (b) "Educational institution" means a regionally accredited college, university, or technical school; (c) "Metropolitan College" means a nonprofit c…
KRS § 141.382 Refundable or transferable tax credit for qualified rehabilitation expenses for certified historic structure
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for certified historic structure. (1) As used in this section: (a) "Certified historic structure" means the same as defined in KRS 171.396; (b) "Qualified rehabilitation expense" means the same as defined in KRS 171.396; and (c) "Substantial rehabilitation" means the same as defi…
KRS § 141.3821 Tax credit for certified mixed-use rehabilitation expenses -- Administrative regulations -- Report. (Effective July 1, 2027)
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Administrative regulations -- Report. (Effective July 1, 2027) (1) As used in this section: (a) "Approved taxpayer" means any person or entity: 1. Subject to the taxes imposed in KRS 141.020 or 141.040 and 141.0401; and 2. That is the recipient of a certified rehabilitation credi…
KRS § 141.383 Refundable tax credit for motion picture or entertainment production expenses -- Limitations -- Qualifications -- Reporting
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expenses -- Limitations -- Qualifications -- Reporting. (1) As used in this section: (a) "Above-the-line production crew" has the same meaning as in KRS 154.61- 010; (b) "Approved company" has the same meaning as in KRS 154.61-010; (c) "Below-the-line production crew" has the sam…
KRS § 141.384 Nonrefundable tax credit for small businesses
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(1) As used in this section, "small business" has the same meaning as in KRS 154.60- 010. (2) (a) For taxable years beginning after December 31, 2010, a small business may be eligible for a nonrefundable credit of up to one hundred percent (100%) of the Kentucky income tax impose…
KRS § 141.3841 Selling farmer tax credit -- Report
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(1) The selling farmer tax credit permitted by KRS 154.60-040: (a) Shall be nonrefundable and nontransferable; and (b) May be claimed against the taxes imposed in KRS 141.020 or 141.040 and 141.0401, with the ordering of the credit as provided in KRS 141.0205. (2) (a) The maximum…
KRS § 141.385 Nonrefundable tax credit for railroad improvement
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(1) As used in this section: (a) "Class II railroad" means a railroad company classified as a Class II carrier by the federal Surface Transportation Board; (b) "Class III railroad" means a railroad company classified as a Class III carrier by the federal Surface Transportation Bo…
KRS § 141.386 Nonrefundable tax credit for railroad expansion or upgrade to accommodate transportation of fossil energy resources or biomass resources
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accommodate transportation of fossil energy resources or biomass resources. (1) As used in this section: (a) "Fossil energy resources" means reserves of coal, oil shale, and natural gas; and (b) "Biomass resources" means agricultural materials that may be used for production of t…
KRS § 141.387 No carry forward permitted for tax credits provided by KRS 141.385 and 141.386 -- Claims for credits
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141.386 -- Claims for credits. (1) The tax credits established by KRS 141.385 and 141.386 shall not be carried forward to a return for any other period. (2) If an expenditure by a taxpayer qualifies for credits under more than one (1) of the provisions of KRS 141.385 and 141.386,…
KRS § 141.389 Nonrefundable and nontransferable distilled spirits ad valorem tax credit -- Election to waive credits -- Credit to be used only for capital improvement at licensed distiller's premises -- Refundable credit for taxpayer investing and creating jobs in area of low and moderate income -- Administrative regulations -- Annual report
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- Election to waive credits -- Credit to be used only for capital improvement at licensed distiller's premises -- Refundable credit for taxpayer investing and creating jobs in area of low and moderate income -- Administrative regulations -- Annual report. (1) (a) There shall be a…
KRS § 141.390 Tax credit for recycling or composting equipment -- Report
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(1) As used in this section: (a) "Postconsumer waste" means any product generated by a business or consumer which has served its intended end use, and which has been separated from solid waste for the purposes of collection, recycling, composting, and disposition and which does n…
KRS § 141.391 Nonrefundable tax credit for expansion of broadband services
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(1) As used in this section: (a) "Eligible equipment or services" means the equipment used in the expansion of broadband services in Kentucky and includes: 1. Wires, cables, fiber, conduits, antennas, poles, switches, routers, amplifiers, rectifiers, repeaters, receivers, multipl…
KRS § 141.395 Tax credit for construction of research facilities
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(1) As used in this section: (a) "Construction of research facilities" means constructing, remodeling, and equipping facilities in this state or expanding existing facilities in this state for qualified research and includes only tangible, depreciable property, and does not inclu…
KRS § 141.396 Nonrefundable angel investor tax credit against individual income tax -- Carry forward -- Transfer of credit -- Recapture of credit -- Data reporting requirements
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Carry forward -- Transfer of credit -- Recapture of credit -- Data reporting requirements. (1) As used in this section: (a) "Authority" has the same meaning as in KRS 154.20-230; (b) "Qualified investor" has the same meaning as in KRS 154.20-230; (c) "Qualified small business" ha…
KRS § 141.398 Development area tax credit -- Annual report
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(1) As used in this section: (a) "Development area" has the same meaning as in KRS 65.501; (b) "Owner" means: 1. The individual who owned the residential property on January 1, 2021; or 2. Upon the death of the individual under subparagraph 1. of this paragraph, a beneficiary who…
KRS § 141.399 Economic development tax credit -- Duties of department -- Administrative regulations
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Administrative regulations. (1) As used in this section: (a) "Approved company" has the same meaning as in KRS 154.32-010; (b) "Authority" has the same meaning as in KRS 154.32-010; and (c) "Credit" means the economic development credit provided to an approved company by the auth…
KRS § 141.400 Tax credit for company approved for economic development project under KRS 154.28-010 to 154.28-100
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KRS 154.28-010 to 154.28-100. (1) As used in this section, unless the context requires otherwise: (a) "Approved company" shall have the same meaning as set forth in KRS 154.28-010; (b) "Economic development project" shall have the same meaning as set forth in KRS 154.28-010; (c) …
KRS § 141.402 Taxing provisions governing approved companies under Subchapter 25 of KRS Chapter 154
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KRS Chapter 154. (1) As used in this section, unless the context requires otherwise: (a) "Approved company" shall have the same meaning as set forth in KRS 154.25-010; (b) "Jobs retention project" shall have the same meaning as set forth in KRS 154.25-010; (c) "Kentucky gross rec…
KRS § 141.403 Tax credit for company approved on or before June 30, 2021, under KRS 154.26-010 to 154.26-100 -- Administrative regulations
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154.26-010 to 154.26-100 -- Administrative regulations. (1) If an eligible company has not yet received preliminary approval on or before June 30, 2021, the eligible company shall not receive final approval by the authority to become an approved company and receive tax credits un…
KRS § 141.405 Tax credit for company approved for occupational or skills upgrade training program under KRS 154.12-2084 to 154.12-2089 -- Administrative regulations
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training program under KRS 154.12-2084 to 154.12-2089 -- Administrative regulations. (1) As used in this section, unless the context requires otherwise: (a) "Approved company" has the same meaning as set forth in KRS 154.12-2084; (b) "Skills training investment credit" has the sa…
KRS § 141.407 Determination of allowable income tax credit approved company may retain
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retain. (1) As used in this section, unless the context requires otherwise: (a) "Approved company" shall have the same meaning as set forth in KRS 154.24-010; (b) "Economic development project" shall have the same meaning as economic development project as set forth in KRS 154.24…
KRS § 141.408 Inventory tax credit -- Applies on or after January 1, 2018 -- Pass-through entities, allowable credit -- Annual report
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entities, allowable credit -- Annual report. (1) There shall be allowed a nonrefundable and nontransferable credit against the tax imposed by KRS 141.020 or 141.040 and 141.0401, with the ordering of the credits as provided in KRS 141.0205, for any taxpayer that, on or after Janu…
KRS § 141.410 Definitions for KRS 141.410 to 141.414
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As used in KRS 141.410 to 141.414, unless the context requires otherwise: (1) "Approved costs" means the costs incurred during the taxable year by a qualified farming operation for training and improving the skills of managers and employees involved in a networking project. (2) "…
KRS § 141.412 Tax credit for qualified farming operation -- Annual report
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(1) For taxable years beginning before January 1, 2028, a qualified farming operation shall be entitled to a nonrefundable credit against the Kentucky income tax liability established pursuant to the provisions of this chapter on any income of the qualified farming operation gene…
KRS § 141.414 Computation of tax and credit
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(1) A qualified farming operation which is an individual sole proprietorship subject to tax under KRS 141.020 or a corporation or pass-through entity treated as a corporation for federal income tax purposes subject to tax under KRS 141.040 shall: (a) 1. Compute the tax due at the…
KRS § 141.415 Computation of income tax and credit for approved company
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(1) As used in this section, unless the context requires otherwise: (a) "Approved company" means the same as defined in KRS 154.32-010 or 154.34-010; (b) "Economic development project" means the same as defined in KRS 154.32- 010; (c) "Reinvestment project" means the same as defi…
KRS § 141.417 Alternative jet fuel tax credit -- Definitions for section -- Rates -- Limits -- Administrative regulations -- Reports -- Application and certification
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Administrative regulations -- Reports -- Application and certification. (1) As used in this section: (a) "Agriculturally based alternative jet fuel" means an alternative jet fuel produced from agricultural biomass, including crops and agricultural byproducts derived from agricult…
KRS § 141.418 Nonrefundable credit for voluntary environmental remediation
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(1) As used in this section: (a) "Hazardous substances" shall have the meaning provided in KRS 224.1-400; (b) "Pollutant or contaminant" shall have the meaning provided in KRS 224.1- 400; (c) "Petroleum" and "petroleum products" shall have the meaning provided in KRS 224.60-115; …
KRS § 141.419 Definitions for section -- Refundable credit for qualifying expenditures at qualifying decontamination property -- Administrative regulations -- Reporting
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qualifying decontamination property -- Administrative regulations -- Reporting. (1) As used in this section: (a) "Assignee" means the taxpayer to whom the credit allowed under this section is transferred; (b) "Exempt entity" means any tax-exempt organization under Section 501(c)(…
KRS § 141.421 Tax incentives for alternative fuel, gasification, and renewable energy facilities
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facilities. (1) As used in this section: (a) "Approved company" has the same meaning as in KRS 154.27-010; (b) "Eligible project" has the same meaning as in KRS 154.27-010; (c) "Kentucky gross receipts" has the same meaning as in KRS 141.0401; (d) "Kentucky gross profits" has the…
KRS § 141.422 Definitions for KRS 141.422 to 141.425
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As used in KRS 141.422 to 141.425: (1) "Annual biodiesel and renewable diesel tax credit cap" means: (a) For calendar years beginning prior to January 1, 2008, one million five hundred thousand dollars ($1,500,000); (b) For the calendar year beginning on January 1, 2008, five mil…