Title XI, Revenue and Taxation

As used in this chapter: (1) "Department" means the Department of Revenue; (2) "Coal" means and includes any material composed predominantly of hydrocarbons in a solid state; (3) "Severed," "severing," or "severance" means the physical removal of coal from the earth; (4) "Ton" me…

For the privilege of severing or processing coal, in addition to all other taxes imposed by law, a tax is hereby levied on every taxpayer engaged in severing and/or processing coal within this Commonwealth at the rate of four and one-half percent (4.5%) of the gross value of all …

(1) A nonrefundable severance tax credit against the severance tax imposed by KRS 143.020 shall be allowed for new permitted production after July 1, 2000, as follows. (a) For coal mined from above-drainage seams using deep mining or underground mining methods, the credit shall b…

(1) A taxpayer engaged in severing or processing coal within this Commonwealth that has paid the tax imposed under KRS 143.020 may apply for a refund equal to the amount of tax paid under KRS 143.020 if the coal is transported directly to a market outside of the United States of …

Notwithstanding the severance tax on coal, provided in this chapter, the tax on coal used for burning solid waste shall be limited to fifty cents ($0.50) per ton or four percent (4%) of the selling price per ton whichever is less.

gasification facility. (1) As used in this section: (a) "Alternative fuel facility" has the same meaning as in KRS 154.27-010; (b) "Approved company" has the same meaning as in KRS 154.27-010; (c) "Authority" has the same meaning as in KRS 154.27-010; (d) "Base amount" has the sa…

(1) Taxpayers severing coal in Kentucky and partially or wholly processing the coal outside of Kentucky thereafter and taxpayers severing coal outside of Kentucky and partially or wholly processing the coal in Kentucky thereafter shall determine and report the gross value of the …

certificate -- Penalty for operation without certificate. (1) Every individual, partnership, joint venture, association, limited liability company, limited liability partnership, corporation, or other business entity engaged in severing or processing coal shall, prior to July 1, …

Notwithstanding any other provisions of this chapter to the contrary, where the department finds that it would facilitate and expedite the collection of the tax imposed by this chapter, the department may authorize the taxpayer processing the coal to report and pay the tax which …

Statement required for coal severed outside of state -- Deduction prohibited for nonregistrants or untraceable purchases. (1) For the purpose of administering KRS 143.010(6)(e) and (f), the department shall provide to all registered taxpayers, who sell severed or processed coal t…

The Department of Revenue shall administer the provisions of this chapter and shall, subject to the provisions of KRS 143.090, have all the powers, rights, duties, and authority with respect to promulgation of rules and regulations, assessment, collection, refunding and administr…

(1) Any taxpayer charged with the filing of reports and payment of the tax imposed by this chapter may be required to post a cash or corporate surety bond in an amount to be determined by the department. (2) The Commonwealth may bring an action for a restraining order, temporary …

understatement of value. (1) As soon as practicable after each return is received, the department shall examine and audit it. If the amount of tax computed by the department is greater than the amount returned by the taxpayer, the excess shall be assessed within four (4) years fr…

Any person who violates any of the provisions of this chapter shall be subject to the uniform civil penalties imposed pursuant to KRS 131.180.

Any tax not paid on or before the due date shall bear interest at the tax interest rate as defined in KRS 131.010(6) from the date due until paid.

Notwithstanding any other provisions of this chapter to the contrary, the president, vice president, secretary, treasurer, or any other person holding any equivalent corporate office of any corporation subject to the provisions of this chapter shall be personally and individually…

(1) The Transportation Cabinet shall certify to the commissioner of the Department of Revenue by October 1 of each fiscal year the amount required for lease rental payments to the Kentucky Turnpike Authority for resource recovery road projects. (2) The Office of Energy Policy sha…

coal production. No city, county, taxing district or other unit of government, except the Commonwealth of Kentucky, shall levy any occupational, license, excise, severance or other tax, assessment or impost of any kind whatsoever upon the severance, processing, sale, use, transpo…

Any taxpayer who fails to file required returns or remit the tax due under this chapter or who falsifies or alters a certificate or other form required under KRS 143.037 shall be guilty of a misdemeanor and upon conviction therefor shall be fined an amount not to exceed one thous…