KRS § 141.4231 — KY Code / Title XI / Chapter 141 / Section 141.4231
141.4231 Renewable chemical production tax credit
Status: in_force

141.4231 Renewable chemical production tax credit.

(1) (a) An eligible business that:

1. Has entered into an agreement under KRS 246.700(3);

2. Receives certification from the Department of Agriculture of the

preliminary tax credit under KRS 246.700(6); and

3. Receives authorization from the department regarding the amount of tax

credit that is allowed;

may claim the renewable chemical production tax credit in an amount equal to

the amount authorized by the department as provided in KRS 141.423.

(b) For taxable years beginning on or after January 1, 2021, the renewable

chemical production tax credit shall be nonrefundable, nontransferable, and

allowed against taxes imposed by KRS 141.020 or 141.040 and 141.0401,

with the ordering of the credits as provided in KRS 141.0205.

(c) 1. Any amount of credit that a taxpayer is unable to utilize during a taxable

year may be carried forward for use in a succeeding taxable year for a

period not to exceed three (3) taxable years.

2. Any amount of credit not used within the three (3) taxable years shall be

lost.

3. No amount of credit may be carried back to a prior taxable year by any

taxpayer.

(2) If the eligible business is a pass-through entity, the eligible business may apply the

credit against the limited liability entity tax imposed by KRS 141.0401, and shall

pass the credit through to its members, partners, or shareholders in the same

proportion as the distributive share of income or loss is passed through.

(3) If the Department of Agriculture rescinds any tax credit under KRS 246.700(9), the

repayment of any tax credit by the taxpayer shall be:

(a) Considered a tax payment due and payable to the Kentucky State Treasurer;

and

(b) Collected by the department in the same manner as failure to pay the tax

shown due or required to be shown due with the filing of that return.

(4) (a) In order for the General Assembly to evaluate the Renewable Chemical Tax

Credit Program, the department, in cooperation with the Department of

Agriculture, shall submit to the Interim Joint Committee on Appropriations

and Revenue a cumulative report describing the activities of the program by

taxable year.

(b) The report shall include:

1. The aggregate number of pounds, by each type of renewable chemicals

produced in this state, for all successful tax credit applicants under the

program;

2. The aggregate gross receipts from sales, by each type of renewable

chemicals produced in this state, for all successful tax credit applicants

under the program;

3. The number of employees located in this state of all successful tax credit

applicants during the calendar year immediately preceding the calendar

year for which the successful applicants first applied for a tax credit

under the program;

4. The number of employees located in this state of all successful tax credit

applicants during each calendar year that the tax credit is claimed;

5. The number of tax credit certificates and aggregate amount of tax credits

awarded under the program for each calendar year; and

6. For each eligible business issued a renewable chemical production tax

credit during each taxable year:

a. The county within which the eligible business is producing the

renewable chemical;

b. The amount of the tax credit claimed by the eligible business;

c. The manner in which the eligible business first qualified as an

eligible business, whether by organizing, expanding, or locating in

this state;

d. The amount of renewable chemical production tax credit claimed

during each taxable year; and

e. Any repayment of incentives by the business, if the business does

not meet the requirements of the agreement.