Title XI, Revenue and Taxation
15 chapters · 869 sections in this title.
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…
KRS § 141.985 Interest on tax not paid by date due -- Addition to tax provided in KRS 141.305 and 141.044 to be considered a penalty
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141.305 and 141.044 to be considered a penalty. (1) Except for the addition to tax required when an underpayment of estimated tax occurs under KRS 141.044 and 141.305, any tax imposed by this chapter, whether assessed by the department, or the taxpayer, or any installment or port…
KRS § 141.990 Penalties
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(1) Any individual, fiduciary, corporation, employer, or other person who violates any of the provisions of this chapter shall be subject to the uniform civil penalties imposed pursuant to KRS 131.180. (2) Every tax imposed by this chapter, and all increases, interest, and penalt…
KRS § 142.010 State taxes on legal processes and instruments -- Distribution of amount collected
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collected. (1) The following taxes shall be paid: (a) A tax of four dollars and fifty cents ($4.50) on each marriage license; (b) A tax of four dollars ($4) on each power of attorney to convey real or personal property; (c) A tax of four dollars ($4) on each mortgage, financing s…
KRS § 142.015 Commission of county clerk for collecting taxes
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The county clerk, in each county, shall be allowed five percent (5%) commission on the amounts collected for state taxes on legal processes and instruments provided for under KRS 142.010, said five percent (5%) commission to be retained by the county clerk on said sums reported t…
KRS § 142.050 Real estate transfer tax -- Collection on recording -- Exemptions
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(1) As used in this section, unless the context otherwise requires: (a) "Deed" means any document, instrument, or writing other than a will and other than a lease or easement, regardless of where made, executed, or delivered, by which any real property in Kentucky, or any interes…
KRS § 142.060 Charitable institutions include organizations owning properties listed in National Register
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National Register. It is declared to be the public policy of the Commonwealth of Kentucky that institutions of purely public charity as referred to in Section 170 of the Constitution of the Commonwealth of Kentucky include nonprofit corporations, societies, and organizations that…
KRS § 142.100 Definitions for KRS 142.100 to 142.135
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As used in KRS 142.100 to 142.135: (1) "Board" means the Kentucky 911 Services Board established in KRS 65.7623; (2) "Department" means the Kentucky Department of Revenue; (3) "Fund" means the CMRS fund established in KRS 65.7627; (4) "CMRS prepaid service charge" means the charg…
KRS § 142.105 Collection and remittance of CMRS prepaid service charges
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(1) The department shall collect the CMRS prepaid service charge and remit the revenues to the CMRS fund as provided in KRS 142.100 to 142.135. (2) A retailer shall collect the CMRS prepaid service charge from consumers pursuant to KRS 65.7634, and shall remit the amounts collect…
KRS § 142.110 Registration by retailer with the department
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Each retailer shall file an application for a certificate of registration with the department within sixty (60) days of January 1, 2017. Each retailer seeking to sell or provide prepaid wireless telecommunications service in Kentucky for the first time shall, prior to selling or …
KRS § 142.115 Monthly return and payment of CMRS prepaid service charges -- Retention of processing fee
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Retention of processing fee. (1) On or before the twentieth day of the month, each retailer shall file a return for the preceding month with the department in a form prescribed by the department, together with payment of any CMRS prepaid service charges collected during the prece…
KRS § 142.120 Examination and audit of returns -- Assessment for additional amount due and arrearages -- Protest and appeal rights
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and arrearages -- Protest and appeal rights. (1) As soon as practicable after each return required by KRS 142.115 is received, the department may examine and audit the return. If the amount due as computed by the department is greater than the amount remitted by the retailer, the…
KRS § 142.125 Recordkeeping
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(1) Each retailer shall keep records, receipts, invoices, and other pertinent papers in the form that the department requires. (2) Each retailer who files the returns required by KRS 142.115 shall keep records for not less than four (4) years from the making of the records, unles…
KRS § 142.130 Administration of KRS 142.100 to 142.135 by department -- Interest and penalties -- Board to cooperate with department -- Refunds or credits
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penalties -- Board to cooperate with department -- Refunds or credits. (1) The department shall administer KRS 142.100 to 142.135, and shall have all of necessary powers, rights, duties, and authority with respect to the assessment, collection, and administration of the CMRS prep…
KRS § 142.135 Monthly transmittal of funds to board -- Retention of collection and administration fee -- Monthly report of receipts -- Restricted use of funds
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administration fee -- Monthly report of receipts -- Restricted use of funds. (1) The department shall transmit the amounts remitted to it by retailers as required by KRS 142.105 to the board on a monthly basis. From each deposit, the department may deduct an amount equal to the a…
KRS § 142.301 Definitions for KRS 142.301 to 142.363
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As used in KRS 142.301 to 142.363: (1) "Assessment" means the Medicaid ambulance service provider assessment established in KRS 142.318; (2) "Charitable provider" means any provider which does not charge its patients for health-care items or services, and which does not seek or a…
KRS § 142.303 Tax on gross revenues of providers for hospital services -- Exception
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(1) A tax is hereby imposed at a rate of two and one-half percent (2.5%) on gross revenues received by all providers on or after July 15, 1994, for the provision of hospital services. The tax imposed by this section shall not apply to gross revenues received for dispensing outpat…
KRS § 142.307 Tax on gross revenues of other providers for health-care services -- Exception
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Exception. (1) A tax is hereby imposed at a rate of two percent (2%) on gross revenues received by each provider on or after July 15, 1994, for the provision of licensed home-health- care services and HMO services. (2) The tax imposed by this section shall apply to freestanding p…