KRS § 132.160 — KY Code / Title XI / Chapter 132 / Section 132.160
132.160 Taxes on distilled spirits and spirits on which federal taxes not paid, when due -- Removal of spirits -- Interest
Status: in_force

132.160 Taxes on distilled spirits and spirits on which federal taxes not paid, when

due -- Removal of spirits -- Interest.

(1) (a) Taxes on distilled spirits that shall be assessed while in a bonded warehouse

or premises as of January 1, 1967, and January 1 of each year thereafter, shall

become due September 15 following the assessment date and shall become

delinquent on January 1. Delinquent taxes on such distilled spirits shall be

subject to the same penalties as provided by law for other tangible personal

property, and the collecting officer shall have all the powers and duties to

collect such delinquent taxes, penalties, and interest as provided by law for

other tangible personal property in such taxing jurisdiction.

(b) Taxes and interest on distilled spirits assessed while in a bonded warehouse or

premises for each year prior to January 1, 1967, on which the federal tax has

not been paid, shall be due on January 1, May 1, and September 1 next after

the federal tax becomes due or is paid, or after the distilled spirits are removed

from the bonded warehouse or premises for transfer in bond out of this state.

Provided, however, the remaining state taxes and interest on distilled spirits

assessed while in a bonded warehouse or premises as of January 1, 1966, and

January 1, 1965, shall be due on or before January 15, 1968; the remaining

state taxes and interest on distilled spirits assessed while in a bonded

warehouse or premises as of January 1, 1964, shall be due on or before

January 15, 1969; the remaining state taxes and interest on distilled spirits

assessed while in a bonded warehouse or premises as of January 1, 1963, shall

become due on or before January 15, 1970; the remaining state taxes and

interest on distilled spirits assessed while in a bonded warehouse or premises

as of January 1, 1962, and all prior years shall become due on or before

January 15, 1971. After July 1, 1970, any owner or proprietor, or custodian of

a bonded warehouse or premises may elect to pay at one (1) time all accrued

ad valorem taxes and interest. Such taxes and interest paid under this

subsection shall be used for capital outlay by all local taxing jurisdictions.

(2) The taxes shall not become due by reason of a mere removal of the distilled spirits

from one bonded warehouse or premises to another bonded warehouse or premises

within this state, but in that event the owner or proprietor from whose bonded

warehouse or premises the distilled spirits are moved shall execute a bond with

good and sufficient surety conditioned upon a payment of all taxes that have

accrued upon the distilled spirits prior to removal from the county, city, or taxing

district from which the distilled spirits are removed. The bond shall be in an amount

sufficient to protect the county, city, or taxing district and shall be approved by the

county judge/executive for the county, the mayor for the city, the superintendent of

any school district involved, and by the person whose duty it is to collect taxes for

any other taxing district. Prior to removal of any distilled spirits, the owner or

proprietor from whose bonded warehouse or premises they are to be removed shall

give written notice of such intention to the county, city, or taxing district, addressed

to the officer thereof abovementioned and stating the quantity of distilled spirits to

be moved and the name and address of the bonded warehouse or premises to which

they are to be taken. After the distilled spirits are moved, the owner or proprietor

shall notify the same officers of the county, city, or taxing district of the amount of

accrued taxes on the distilled spirits, together with interest on the taxes. After any

distilled spirits have once been moved as provided in this section and are moved

again, all taxes that have accrued thereon up to the time of the second removal shall

immediately become due and payable to any county, city, or taxing district to which

any taxes have accrued.

(3) The taxes on each year's assessment shall bear interest at the tax interest rate as

defined in KRS 131.010(6) until paid.