Title XI, Revenue and Taxation
15 chapters · 869 sections in this title.
KRS § 131.560 Withholding of individual income tax refund to satisfy certain liabilities -- Priority of claims
1.7K chars
Priority of claims. Notwithstanding the provisions of KRS 44.030 or 131.190, the Department of Revenue shall withhold the Kentucky individual income tax refund otherwise due a taxpayer under KRS Chapter 141 who owes overdue child support or is indebted to any state agency, office…
KRS § 131.565 Definition of "state agency" -- Establishment of claim by state agency pursuant to statutory provision, administrative regulation, or ordinance -- Requests to withhold individual income tax refund
3.1K chars
pursuant to statutory provision, administrative regulation, or ordinance -- Requests to withhold individual income tax refund. (1) For purposes of KRS 131.560 to 131.595, "state agency" or "state agencies" shall include the Court of Justice and any local government, as those term…
KRS § 131.570 Debtor to be notified that refund is subject to setoff -- Hearing -- Transfer of refund -- Payment of excess to taxpayer
1.7K chars
of refund -- Payment of excess to taxpayer. (1) Upon determining that a pending individual income tax refund is subject to setoff as authorized under this section, the debtor shall be notified in writing by the department of the claim made against such refund by the named claiman…
KRS § 131.575 Apportionment of refund on separate return between spouses
0.9K chars
(1) Any individual income tax refund determined as a consequence of taxpayers filing separate returns on a combined Kentucky individual income tax form may be apportioned by the Department of Revenue between the spouses based on the ratio of the adjusted gross incomes of each spo…
KRS § 131.580 Rules and regulations
0.2K chars
The Department of Revenue may promulgate rules and regulations necessary to develop, implement and administer the provisions of KRS 131.560 to 131.595.
KRS § 131.585 State debt offset account
0.4K chars
There is hereby created within the Department of Revenue a state debt offset account, which will be subject to the provisions of the restricted fund group, as provided in KRS 48.010(15)(f), and all funds collected under KRS 131.565(6) shall be credited thereto with only the expen…
KRS § 131.590 Credit to state debt offset account
0.4K chars
To defray the cost of development and implementation of KRS 131.560 to 131.595, there shall be credited to the state debt offset account an amount not to exceed $175,000, such amount to be derived from the amount of the Kentucky individual income tax refunds withheld under the pr…
KRS § 131.595 Procedure exclusive for withholding or transmitting individual income tax refund
0.5K chars
refund. Except as is necessary in order to comply with exchange of information agreements with the United States Internal Revenue Service and notwithstanding the provisions of KRS 134.580 and 427.130, no Kentucky individual income tax refund shall be withheld for or transmitted t…
KRS § 131.600 Definitions for KRS 131.600 to 131.630
6.5K chars
As used in KRS 131.600 to 131.630: (1) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the master settlement agreement; (2) "Affiliate" means a person who directly or indirectly owns or controls, is owned …
KRS § 131.602 Tobacco product manufacturer's options to become participating manufacturer or to contribute to qualified escrow fund on quarterly basis -- Management of escrow fund -- Penalties for failure to place required funds in escrow -- Assignment of escrow funds to Commonwealth -- Credit of assigned funds against judgment -- Opinion of Attorney General required prior to assignment -- Importers jointly and severally liable with non-U.S. manufacturers for escrow amounts -- Posting of financial instrument
10.7K chars
manufacturer or to contribute to qualified escrow fund on quarterly basis -- Management of escrow fund -- Penalties for failure to place required funds in escrow -- Assignment of escrow funds to Commonwealth -- Credit of assigned funds against judgment -- Opinion of Attorney Gene…
KRS § 131.606 Legislative findings and purposes
0.4K chars
The General Assembly finds that violations of KRS 131.600 and 131.602 threaten the integrity of the tobacco master settlement agreement, the fiscal soundness of the state, and the public health. The legislature finds that enacting procedural enhancements will aid enforcement of K…
KRS § 131.608 131.608 Annual and quarterly certifications to Attorney General by participating and nonparticipating manufacturers -- Contents -- Scope -- Records
7.4K chars
and nonparticipating manufacturers -- Contents -- Scope -- Records. (1) Prior to selling cigarettes in Kentucky, directly or through a distributor, retailer, or similar intermediary or intermediaries, every tobacco product manufacturer shall certify as true under penalty of perju…
KRS § 131.610 Directory of certified tobacco product manufacturers and brand families -- Requirements for inclusion -- Removal -- Notice
5.2K chars
Requirements for inclusion -- Removal -- Notice. (1) The Attorney General shall develop and make available to the department for public inspection, to include publishing on the department's Web site, a listing of all tobacco product manufacturers that have provided current and ac…
KRS § 131.612 Prohibition against affixing stamp to cigarettes of tobacco product manufacturer or brand family not in directory -- Prohibition against selling cigarettes after manufacturer or brand family removed from directory
0.6K chars
manufacturer or brand family not in directory -- Prohibition against selling cigarettes after manufacturer or brand family removed from directory. It shall be unlawful for: (1) Any stamping agent, distributor, or any other person to affix a stamp to a package or other container o…
KRS § 131.614 Appointment of agent by nonresident nonparticipating tobacco product manufacturer and each of its importers for service of process
2.5K chars
manufacturer and each of its importers for service of process. (1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity shall, as a condition precedent to having its brand families…
KRS § 131.616 Submission of documentation by stamping agent
0.7K chars
On or before the twentieth day of each month, each stamping agent and distributor shall submit documentation that the commissioner requires to facilitate compliance with this section, including but not limited to a list by brand family of the total number of cigarettes for which …
KRS § 131.618 Disclosure of records by commissioner and Attorney General -- Authority to require submission of additional information
1.6K chars
to require submission of additional information. (1) Notwithstanding KRS 131.190, the commissioner is authorized to disclose to the Attorney General the name and address of a stamping agent or distributor and the number of sticks by brand name that have been purchased from a nonp…
KRS § 131.620 Proof of qualified escrow fund
0.9K chars
(1) The Attorney General may, at any time, require from the nonparticipating manufacturer proof from the financial institution in which the manufacturer has established a qualified escrow fund, for the purpose of compliance with KRS 131.600 and 131.602, of the amount of money in …
KRS § 131.622 When cigarettes deemed contraband -- Seizure and destruction -- Injunction to compel compliance -- Prohibition against sale -- Penalty
3.3K chars
Injunction to compel compliance -- Prohibition against sale -- Penalty. (1) (a) The following shall be contraband and subject to seizure and destruction: 1. Any cigarettes that have been affixed with a stamp in this state in violation of KRS 131.612; or 2. Any cigarettes in the p…
KRS § 131.624 Appeal of exclusion from directory -- Authority for administrative regulations
0.9K chars
regulations. (1) Any person aggrieved by a determination of the Attorney General to not include or to remove from the directory created in KRS 131.610 a brand family or tobacco product manufacturer may appeal the determination to the Franklin Circuit Court, or to the Circuit Cour…
KRS § 131.626 State entitled to recover costs of enforcement action -- Tobacco control special fund created
0.9K chars
special fund created. (1) In any action brought by the state to enforce KRS 131.600 to 131.630, the state shall be entitled to recover the costs of investigation, expert witness fees, costs of the action, and attorneys' fees from any entity or person found to be in violation of K…
KRS § 131.628 Severability of provisions
0.3K chars
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of KRS 131.600 to 131.630 causes KRS 131.600 and 131.602 to no longer constitute a model statute, as it is set out in Exhibit T to the master settlement agreement, then that portion of KRS 131.600 to …
KRS § 131.630 Revocation or suspension of distributor's or stamping agent's license -- Civil penalties
0.8K chars
Civil penalties. (1) In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a stamping agent or distributor has violated any provision of KRS 131.600 to 131.630 or any administrative regulations promulgated thereunder, the commi…
KRS § 131.650 List of taxpayers owing delinquent taxes or fees
1.3K chars
(1) Notwithstanding the provisions of KRS 131.190 or any other confidentiality law to the contrary, the department may publish a list or lists of taxpayers that owe delinquent taxes or fees administered by the Department of Revenue, and that meet the requirements of KRS 131.652. …
KRS § 131.652 Taxes and fees subject to publication
0.8K chars
(1) The Department of Revenue may publish a list of all of the taxpayers described in KRS 131.650. (2) For the purposes of this section, a tax or fee is not delinquent if: (a) The procedures enumerated in KRS 131.110 have not been waived or exhausted at the time when notice would…
KRS § 131.654 Notice to delinquent taxpayer before publication of name
1.1K chars
(1) At least sixty (60) days before publishing the name of a delinquent taxpayer, the department shall mail a written notice to the taxpayer, detailing the amount and nature of each liability and the intended publication of the information listed in KRS 131.656 related to the lia…
KRS § 131.656 Method of publication of list -- Contents
0.3K chars
The list may be published by any medium or method. The list may contain the name, address, type of tax or fee, and period for which payment is due for each liability, including penalties, interest, and other charges owed by each listed delinquent taxpayer.
KRS § 131.658 Removal of name from list of delinquent taxpayers
0.5K chars
The department shall remove the name of a taxpayer from the list of delinquent taxpayers after the department receives written notice of and verifies any of the following facts about the liability in question: (1) The taxpayer has contacted the department and arranged resolution …
KRS § 131.660 Rights of taxpayer whose name is erroneously published
0.2K chars
If the department publishes a name under KRS 131.650 in error, the taxpayer whose name was erroneously published has all the rights enumerated in KRS 131.081 for an aggrieved taxpayer.
KRS § 131.670 Definitions for KRS 131.670 to 131.676
1.4K chars
As used in KRS 131.670 to 131.676: (1) "Debt" means a liquidated debt as defined in KRS 45.241(1)(b); (2) "Debtor" means any person liable for a debt; (3) "Department" means the Department of Revenue; (4) "Delinquent taxpayer" means a person who has been assessed for a tax, the c…
KRS § 131.672 Collection of delinquent taxes or debts -- Financial institution data match system -- Requirements for implementation of system -- Lien or levy on account assets -- Notice -- Fees -- Erroneous lien or levy -- Administrative regulations
3.6K chars
system -- Requirements for implementation of system -- Lien or levy on account assets -- Notice -- Fees -- Erroneous lien or levy -- Administrative regulations. (1) To assist the department in the collection of delinquent taxes and debts owed to the Commonwealth, the department s…
KRS § 131.674 Financial institutions to provide department with identifying information on delinquent taxpayers and debtors with account -- Fee for conducting data matches -- Confidentiality of information -- Limitation on liability
1.2K chars
on delinquent taxpayers and debtors with account -- Fee for conducting data matches -- Confidentiality of information -- Limitation on liability. (1) Financial institutions doing business in the Commonwealth shall provide identifying information each calendar quarter to the depar…
KRS § 131.676 Provision of identifying or asset information not to be disclosed to delinquent taxpayer or debtor -- Penalty -- Financial institutions not liable -- General notice to account holders
2.0K chars
delinquent taxpayer or debtor -- Penalty -- Financial institutions not liable -- General notice to account holders. (1) A financial institution furnishing a report or providing asset information about a delinquent taxpayer or debtor to the department shall not disclose to the del…
KRS § 131.990 Penalties
3.8K chars
(1) (a) 1. Any person who violates the intentional unauthorized inspection provisions of KRS 131.190(1) shall be fined not more than five hundred dollars ($500) or imprisoned for not more than six (6) months, or both. 2. Any person who violates the provisions of KRS 131.190(1) by…
KRS § 132.010 Definitions for chapter
18.0K chars
As used in this chapter, unless the context otherwise requires: (1) "Department" means the Department of Revenue; (2) "Taxpayer" means any person made liable by law to file a return or pay a tax; (3) "Real property": (a) Means all lands within this state and improvements thereon;…
KRS § 132.012 "Abandoned urban property" defined -- Classification as real property for tax purposes
1.7K chars
tax purposes. As used in this section and in KRS 92.305 and 91.285, unless the context otherwise requires: (1) "Abandoned urban property" means any vacant structure or vacant or unimproved lot or parcel of ground in a predominantly developed urban area which has been vacant or un…
KRS § 132.015 List of real property additions and deletions to tax rolls to be maintained by property valuation administrator
0.8K chars
by property valuation administrator. The property valuation administrator shall maintain lists of all real property additions and real property deletions to the property tax rolls for the county, consolidated local government, or urban-county, and each city, school district, and …
KRS § 132.017 Recall petition -- Requirements and procedures -- Reconsideration -- Election -- Local, state, and federal tax dollars and resources not to be used to advocate for or against public question -- Second billing
12.6K chars
Election -- Local, state, and federal tax dollars and resources not to be used to advocate for or against public question -- Second billing. (1) As used in this section: (a) "Local governmental entity" includes a county fiscal court and legislative body of a city, urban-county go…
KRS § 132.018 Reduction of tax rate on personal property
1.9K chars
(1) If the tax rate applicable to real property levied by a county fiscal court, district board of education, or legislative body of a city, consolidated local government, urban-county government, or other taxing district is reduced as a result of reconsideration by the county fi…
KRS § 132.020 State ad valorem taxes
8.3K chars
(1) The owner or person assessed shall pay an annual ad valorem tax for state purposes at the rate of: (a) Thirty-one and one-half cents ($0.315) upon each one hundred dollars ($100) of value of all real property directed to be assessed for taxation; (b) Twenty-five cents ($0.25)…
KRS § 132.0225 Deadline for establishing final tax rate -- Exemption -- Procedure if increased revenue is greater than four percent
1.3K chars
increased revenue is greater than four percent. (1) (a) A taxing district that does not elect to attempt to set a rate that will produce more than four percent (4%) in additional revenue, exclusive of revenue from new property as defined in KRS 132.010, over the amount of revenue…
KRS § 132.023 Limits for special purpose governmental entities -- Procedure for exceeding limits
4.0K chars
exceeding limits. (1) No special purpose governmental entity shall levy a tax rate which exceeds the compensating tax rate until the taxing district has complied with the provisions of KRS 65A.110 and subsection (2) of this section. (2) (a) A special purpose governmental entity p…
KRS § 132.024 Limits for special purpose governmental entities on personal property tax rate
0.7K chars
rate. (1) If the tax rate applicable to real property levied by a special purpose governmental entity will produce a percentage increase in revenue from personal property less than the percentage increase in revenue from real property, the special purpose governmental entity may …
KRS § 132.025 Cumulative increase for 1982-83 only by taxing district -- Limit -- Public hearing and recall provisions not applicable
1.4K chars
hearing and recall provisions not applicable. (1) In the event that the tax rate levied by an action of a taxing district, other than the state, counties, school districts, cities, and urban-county governments, for 1979-80, 1980-81, or 1981-82 produced a percentage increase in re…
KRS § 132.027 City and urban-county government tax rate limitation -- Levy exceeding compensating tax rate subject to recall vote or reconsideration
4.1K chars
compensating tax rate subject to recall vote or reconsideration. (1) No city or urban-county government shall levy a tax rate which exceeds the compensating tax rate defined in KRS 132.010 until the city or urban-county government has complied with the provisions of subsection (2…
KRS § 132.028 Rate on business inventories levied by a city or urban-county government -- Exception
0.7K chars
- Exception. (1) Subject to the provisions of KRS 132.027, a city or urban-county government may levy a rate on business inventories equal to or less than the prevailing rate of taxation on other tangible personal property in the respective city or urban-county government. (2) Th…
KRS § 132.029 Limits for city and urban-county government on personal property tax rate
0.8K chars
rate. (1) In the event that the tax rate applicable to real property levied by a city or urban- county government will produce a percentage increase in revenue from personal property less than the percentage increase in revenue from real property, the city or urban-county governm…
KRS § 132.030 Financial institution deposit tax
0.7K chars
(1) Every person having a deposit in any financial institution, as defined in KRS 136.500, on January 1 of any year shall pay an annual tax to the state equal to one- thousandth of one percent (0.001%) upon the amount of the deposit, and no deduction shall be made for any indebte…
KRS § 132.040 Financial institutions to report and pay tax -- Lien
0.9K chars
Each financial institution, as defined in KRS 136.500, shall file with the department on or before March 1 of each year, a report setting forth the total amount of its deposits as of the preceding January 1 that are taxable in the name of the depositor under the laws of this stat…
KRS § 132.096 Exemption from state and local ad valorem tax of various classes of property. (Effective until January 1, 2028)
3.0K chars
property. (Effective until January 1, 2028) The following classes of property shall be exempt from state and local ad valorem taxes, including the county, city, school, and other taxing district in which it has a taxable situs: (1) Farm implements and farm machinery owned by or l…