KRS § 131.400 — KY Code / Title XI / Chapter 131 / Section 131.400
131.400 Definitions -- Amnesty period -- Tax liabilities and taxable periods eligible
Status: in_force

131.400 Definitions -- Amnesty period -- Tax liabilities and taxable periods eligible.

(1) KRS 131.410 to 131.445 shall be known as and may be cited as the "Kentucky Tax

Amnesty Act."

(2) As used in KRS 131.410 to 131.445:

(a) "Account receivable" means an amount of state or federal tax, penalty, fee, or

interest which has been recorded as due and entered in the account records of

the department, or which the taxpayer should reasonably expect to become

due as a direct or indirect result of any pending or completed audit or

investigation which the taxpayer knows is being conducted by any federal or

state government taxing authority;

(b) "Amnesty period" means the period of time established pursuant to subsection

(3) of this section during which a taxpayer may apply for tax amnesty;

(c) "Due and owing" means an assessment which has become final and is owed to

the Commonwealth due to either the expiration of the taxpayer's appeal rights

pursuant to KRS 131.110 or, if an assessment has been appealed, the issuance

of a final order by the board or by any court of this Commonwealth. For the

purposes of KRS 131.410 to 131.445, assessments that have been appealed

shall be final, due and owing fifteen (15) days after the last unappealed or

unappealable order sustaining the assessment or any part thereof has become

final;

(d) "Federal government" means either the United States Department of the

Treasury or the Internal Revenue Service; and

(e) "Taxpayer" means any individual, partnership, joint venture, association,

corporation, receiver, trustee, guardian, executor, administrator, fiduciary,

limited liability company, limited liability partnership, or any other entity of

any kind subject to any tax set forth in subsection (3) of this section or any

person required to collect any such tax under subsection (3) of this section.

(3) Notwithstanding the provisions of any other law to the contrary, a tax amnesty

program shall be conducted for a period of sixty (60) days, beginning on October 1,

2024, and ending on November 29, 2024. The program shall be available to all

taxpayers owing:

(a) Taxes, penalties, fees, or interest subject to the administrative jurisdiction of

the department, with the exception of:

1. Ad valorem taxes levied on real property pursuant to KRS Chapter 132;

2. Ad valorem taxes on motor vehicles and motorboats collected by the

county clerks;

3. Ad valorem taxes on personal property levied pursuant to KRS Chapter

132 that are payable to local officials; and

4. Any penalties imposed under KRS 131.630 or 138.205; and

(b) Federal taxes, penalties, fees, or interest referred to the department from the

federal government for collection purposes.

(4) If the department is unable to secure a successful bid for the procurement of

services under KRS 131.435, the department shall implement a tax amnesty

program during a sixty (60) day period similar to the period established in

subsection (3) of this section, except that the sixty (60) day period shall be held

during the calendar year 2025.

(5) The program shall apply to tax liabilities for taxable periods ending or transactions

occurring on or after October 1, 2011, but prior to December 1, 2023, and any

federal tax liability referred to the department.