reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 1 - General Administration › Section 103 KAR 1:060 - Electronic fund transfer

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				131.155,
				131.180,
				131.183,
				131.990, Chapter 139,
				141.310
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				Department of Revenue to promulgate administrative regulations for the
				administration and enforcement of all tax laws of this state.
				KRS
				131.155(3) requires the
				department to promulgate administrative regulations establishing electronic
				fund transfer requirements for the payment of taxes and fees administered by
				the department. This administrative regulation establishes requirements
				relating to the remittance of funds to the department via electronic fund
				transfer.
Section 1. Definitions.
(1) "Credit method" means the method of
			 payment where the taxpayer or his authorized agent initiates the transfer of
			 funds from the taxpayer or agent controlled account in a financial institution
			 to the designated Commonwealth bank account to satisfy taxes or fees
			 due.
(2) "Debit method" means the
			 method of payment where the taxpayer or his authorized agent authorizes the
			 Department of Revenue or its authorized agent to initiate the transfer of a set
			 amount of funds on a set date from a taxpayer or agent-controlled account in a
			 financial institution to satisfy taxes or fees due based on required
			 information transmitted to the department prior to the department effecting the
			 transfer.
(3) "Lookback period"
			 means the twelve (12) month period ending on September 30 of the year
			 immediately preceding the current calendar year. For example, the lookback
			 period for calendar year 2001 is the period beginning on October 1, 1999 and
			 ending on September 30, 2000.
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 1 - General Administration › Section 103 KAR 1:070 - Uniform collection procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.020, 45.237-45.241,
				45.260,
				45.345,
				360.040
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				45.238(6) and
				KRS
				45.241(5) require the
				Finance and Administration Cabinet to promulgate administrative regulations for
				those agencies without statutory procedures for collecting debts and to
				prescribe standards and procedures for effective administration regarding
				collection of debts, notices to persons (all individuals and business entities)
				owing debt, information to be monitored concerning the debts, an appeals
				process, and the writing off of debts. This administrative regulation
				establishes the above requirements, guidelines for collecting accounts
				receivable, and the minimum collection actions required for collecting
				debts.
Section 1. Definitions.
(1) "Agency" is defined by
			 KRS
			 45.237(1)(a) and
			 45.241(1)(c).
(2) "Debt" is defined by
			 KRS
			 45.237(1)(e) and
			 45.241(1)(a).
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 1 - General Administration › Section 103 KAR 1:092 - General administration policies and circulars

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				131.130(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				department to promulgate administrative regulations to administer and enforce
				Kentucky's tax laws. The Department of Revenue has many policies and circulars,
				a number of which predate the enactment of KRS Chapter 13A, that conflict with
				current tax laws. This administrative regulation rescinds general
				administration policies and circulars.
Section
			 1. The following general administration policies and circulars of
			 the Department of Revenue are rescinded and shall be null, void, and
			 unenforceable:
(1) Revenue Circular 10C001 -
			 Tax Provisions of the Enterprise Zone Law. This circular is being rescinded
			 because it restates
			 KRS
			 154.45-010(7),
			 154.45-010(9),
			 and
			 306 KAR
			 1:010. Furthermore, this policy is obsolete because
			 Enterprise Zones are phasing out across the Commonwealth and are replaced with
			 the Kentucky Enterprise Initiative under the provisions of
			 KRS
			 154.20-200 to
			 154.20-216.
(2) Revenue Circular 10C030 - Kentucky Tax
			 Registration Application. This circular is being rescinded because it is
			 obsolete in part because it references the General Business License Fee imposed
			 by
			 KRS 154.12-219 that was
			 repealed effective July 1, 2004. The circular also restates statutory authority
			 concerning who is required to apply for tax registrations and
			 certificates.
(3) Revenue Policy
			 10P010 - Due Dates for Payment of Tax. This policy is being rescinded because
			 it restates
			 KRS
			 446.030(1).
(4) Revenue Policy 10P011 - Records Retention
			 Requirements. This policy is being rescinded because it is obsolete.
(5) Revenue Circular 40C003 - Taxation of
			 federal and certain nonfederal obligations and their income for Kentucky income
			 and intangible property tax purposes. This circular is being rescinded because
			 the guidance provided was incorporated in
			 103
			 KAR 1:130 - Taxation of federal and certain nonfederal
			 obligations and their income for Kentucky income and property tax
			 purposes.
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 1 - General Administration › Section 103 KAR 1:120 - Employee access to Federal Tax Information (FTI)

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.095,
				131.032,
				131.081,
				131.130,
				131.190,
				131.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				42.014 requires the Office of the Secretary
				to establish internal organization, functions and duties as necessary to
				fulfill the duties of the cabinet.
				KRS
				131.032(2) requires the
				Department of Revenue to promulgate administrative regulations to establish
				requirements concerning criminal background investigations for employees,
				including contract staff, with access to or use of federal tax information
				(FTI). This administrative regulation establishes the guidelines to implement
				the requirements set forth in
				KRS
				131.032 and Internal Revenue Service (IRS)
				Publication 1075.
Section 1.
			 Definitions.
(1) "Applicant" means an
			 individual who applies for employment with the Finance and Administration
			 Cabinet, Department of Revenue, or a contractor working on behalf of those
			 agencies who have, or will likely have, access to federal tax information in
			 their regular course of business.
(2) "Classified employee" is defined by
			 KRS
			 18A.005(7).
(3) "Contract Staff" means an individual
			 employed with the Finance and Administration Cabinet, Department of Revenue, or
			 a contractor working on behalf of those agencies who does not meet the
			 definition of a classified employee with KRS Chapter 18A status.
(4) "Criminal background investigation" means
			 a local, state, or national fingerprint-supported criminal history background
			 investigation performed in accordance with
			 KRS
			 131.032.
(5) "Department" is defined by
			 KRS
			 131.010(2).
(6) "Disqualifying offense" means a
			 conviction, plea of guilty, Alford plea, or plea of nolo contendere to any
			 felony, misdemeanor, or offense the nature of which indicates that the employee
			 constitutes an unreasonable and immediate risk to the security of FTI or
			 confidential taxpayer information, unless the department determines there are
			 mitigating circumstances that sufficiently remediate the existing
			 risks.
(7) "Federally funded
			 time-limited employee" is defined by
			 KRS
			 18A.005(15).
(8) "Federal tax information" or "FTI" means
			 a return or return information received directly from the IRS or obtained
			 through an authorized secondary source, such as the Social Security
			 Administration (SSA) or any entity acting on behalf of the IRS pursuant to an
			 Internal Revenue Code (IRC) Section 6103 (p)(2)(B) Agreement.
(9) "Responsible agency" means an office
			 within the Cabinet, Department, or an entity under contract with the cabinet or
			 department, that employs or offers employment to an individual in a position
			 for which the job duties include access to FTI.
(10) "Unclassified employee" means an
			 employee who meets the criteria established in
			 KRS
			 18A.115.
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 1 - General Administration › Section 103 KAR 1:150 - Electronic Data Match and Levy Procedures

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				131.670,
				131.672,
				131.674,
				131.676,
				205.772,
				205.774
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.672(7) requires the
				Department of Revenue to promulgate an administrative regulation to establish
				the procedures to be followed by the Department of Revenue and Kentucky
				financial institutions in implementing and operating a data match and levy
				system to assist the Department of Revenue in collecting delinquent taxes and
				debts owed to the Commonwealth. This administrative regulation establishes the
				electronic data match and levy procedures.
Section
			 1. Definitions.
(1) "Debt" is
			 defined by
			 KRS
			 131.670(1).
(2) "Debtor" is defined by
			 KRS
			 131.670(2).
(3) "Delinquent taxpayer" is defined by
			 KRS
			 131.670(4).
(4) "Department" is defined by
			 KRS
			 131.670(3).
(5) "Financial Institution" is defined by
			 KRS
			 131.670(5).
(6) "Levy" is defined in
			 KRS
			 131.500(10).
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 1 - General Administration › Section 103 KAR 1:160 - Mandatory electronic filing and payment requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				65.7621,
				131.010,
				131.130,
				131.155,
				131.250,
				131.990,
				136.604,
				136.616,
				136.620,
				138.135,
				138.140,
				138.143,
				138.146,
				138.195,
				138.240,
				138.250,
				138.260,
				139.200,
				139.310,
				141.010,
				141.020,
				141.040,
				141.0401,
				141.150,
				141.201,
				141.202,
				141.206,
				141.220;
				141.310,
				141.315,
				141.330,
				141.335,
				142.115,
				142.400,
				142.402,
				160.613,
				160.614,
				160.615,
				224.50-868,
				224.60-145,
				234.320,
				365.390,
				446.010.
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				Department of Revenue to promulgate administrative regulations necessary for
				the administration and enforcement of Kentucky tax laws.
				KRS
				131.250(1) authorizes the
				department to require any tax return, report, or statement to be electronically
				filed to facilitate the administration of the taxes it administers.
				KRS
				131.155(1) authorizes the
				department to require any tax payment to be made by electronic fund transfer to
				facilitate the administration, payment, or collection of the taxes.
				KRS
				131.155(3) requires the
				department to promulgate administrative regulations establishing electronic
				fund transfer requirements for the payment of fees and taxes administered by
				the department. This administrative regulation establishes requirements for the
				electronic filing of tax returns, reports, and statements, and for tax payments
				to be made by electronic fund transfer for certain taxes administered by the
				department.
Section 1. Definitions.
(1) "Commercial mobile radio service" and
			 "CMRS" is defined by
			 KRS
			 65.7621(4).
(2) "Corporation" is defined by
			 KRS
			 141.010(4).
(3) "Department" is defined by
			 KRS
			 131.010(2).
(4) "Electronic fund transfer" is defined by
			 KRS
			 131.010(14).
(5) "Employer" is defined by
			 KRS
			 141.010(9).
(6) "Limited liability pass-through entity"
			 is defined by
			 KRS
			 141.010(16).
(7) "Pass-through entity" is defined by
			 KRS
			 141.010(22).
(8) "Person" is defined by
			 KRS
			 446.010(33).
(9) "Reasonable cause" is defined by
			 KRS
			 131.010(9).
(10) "Specified tax return preparer" means,
			 with respect to any calendar year, any tax return preparer unless the preparer
			 reasonably expects to file ten (10) or fewer individual income tax returns
			 during the calendar year.
(11)
			 "Taxpayer" is defined by
			 KRS
			 131.010(4).
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 2 - Inheritance Tax › Section 103 KAR 2:005 - Life mortality table

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				140.100
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				Department of Revenue to promulgate administrative regulations for the
				administration and enforcement of all tax laws of this state.
				KRS
				140.100(2) requires the
				application of the appropriate United States life mortality tables when
				ascertaining the value of future, contingent, or limited estates, which
				includes life estates and annuities. This administrative regulation establishes
				the appropriate United States life mortality table as required by
				KRS
				140.100(2).
Section 1. The mortality table as prescribed
			 in of the Internal Revenue Code,
			 26 U.S.C.
			 7520(a)(1), shall be
			 utilized when computing the value of a beneficiary's life estate, annuity,
			 remainder interest, or any other interest in the estate which is based on the
			 life expectancy of the beneficiary or some other person. The mortality table
			 prescribed by the Internal Revenue Service as of January 1 of the year of the
			 decedent's death shall be used.
STATUTORY AUTHORITY:
				  KRS
				  131.130,
				  140.100(2)
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 2 - Inheritance Tax › Section 103 KAR 2:020 - Lien on ''Qualified Real Estate''

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				140.300(5),
				140.320,
				140.350
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				Department of Revenue to promulgate administrative regulations necessary for
				the administration and enforcement of all tax laws in Kentucky. This
				administrative regulation establishes requirements for determining the
				commencement date for the five (5) year lien that is required by
				KRS
				140.350 when qualified real estate is
				reported at agricultural or horticultural value for inheritance tax
				purposes.
Section 1. Definition.
			 "Qualified real estate" is defined by
			 KRS
			 140.300(4).
Section 2. If qualified real estate is
			 reported at its agricultural or horticultural value in lieu of the fair cash
			 value, the commencement date for the five (5) year lien that is required by
			 KRS
			 140.350 shall be the decedent's date of
			 death.
Section 3.
(1) This administrative regulation shall
			 replace Revenue Policy 92P117.
(2)
			 Revenue Policy 92P117 is hereby rescinded and shall be null, void, and
			 unenforceable.
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 5 - Ad Valorem Tax; Administration › Section 103 KAR 5:160 - Property valuation administrator office employees: payment of leave upon separation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				132.370
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				132.370(9) requires the
				Department of Revenue to promulgate administrative regulations which allow
				property valuation administrators and their deputies to receive lump-sum
				payments for accrued annual leave and compensatory time when separated from
				employment because of termination by the employer, resignation, retirement, or
				death. This administrative regulation establishes the procedure for receiving
				the lump-sum payments.
Section 1.
			 Payment of Annual Leave and Compensatory Time Upon Separation.
(1) If a property valuation administrator or
			 deputy property valuation administrator is separated from employment as a
			 result of termination, resignation, retirement, or death, he or she shall be
			 paid in a lump sum for accumulated annual leave. The accumulated annual leave
			 for which he or she is paid shall not exceed the amounts established by
			 101 KAR
			 3:015 Section 1(2)(j). Following payment of annual
			 leave upon separation, leave remaining after the payment of the maximum
			 provided shall be removed from the balance.
(2) A property valuation administrator or
			 deputy property valuation administrator who reverts to the classified or
			 unclassified service, or resigns or is terminated one (1) day and is employed
			 the next workday, shall retain his or her accumulated annual leave in the
			 receiving agency.
(3) A property
			 valuation administrator or deputy property valuation administrator may request
			 in writing that his or her accumulated annual leave not be paid upon
			 resignation, and that all or part of the amount of his or her accumulated
			 annual leave that does not exceed the amount established by this section be
			 waived, if the successor employer has agreed to credit him or her with an equal
			 amount of annual leave.
(4) Upon
			 separation from state service, a property valuation administrator or deputy
			 property valuation administrator shall be paid for all unused compensatory time
			 as established by
			 101 KAR
			 3:015, Section 5 (2)(g).
(5) Upon the death of a property valuation
			 administrator or deputy property valuation administrator, his or her estate
			 shall be entitled to receive a lump sum for the unused portion of his or her
			 accumulated annual leave and compensatory time.
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 5 - Ad Valorem Tax; Administration › Section 103 KAR 5:220 - Installment payment plan guidelines for third party purchasers of certificates of delinquency

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				134.125,
				134.126,
				134.128,
				134.129,
				134.452,
				134.490(5)(h)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				134.490(5)(h) authorizes the
				Department of Revenue to promulgate Administrative Regulations to establish a
				process for an installment method of payment for the redemption of certificates
				of delinquency by a delinquent taxpayer. This administrative regulation
				establishes the process by which third party purchasers shall grant installment
				payments.
Section 1. Definitions.
(1) "Base amount" means the amount paid by a
			 third-party purchaser for a certificate of delinquency.
(2) "Certificate of delinquency" is defined
			 by
			 KRS
			 134.010(1).
(3) "Default" means:
(a) The failure to pay on or within fifteen
			 (15) days of a payment due date under a payment plan document; or
(b) Commencement of any legal action by a
			 person other than the third-party purchaser affecting the title or requiring
			 the sale of the subject property.
(4) "Department" means the Department is
			 defined by
			 KRS
			 134.010(5).
(5) "Optional certificate" means a
			 certificate of delinquency that is not a qualifying certificate.
(6) "Payment plan" means a monthly
			 installment plan described in the payment plan document.
(7) "Payment plan document" means the
			 agreement between the property owner and the third-party purchaser detailing
			 the terms of a payment plan.
(8)
			 "Person" means any individual, corporation, business trust, estate, trust,
			 partnership, limited liability entity, association, organization, joint
			 venture, government, or any subdivision, agency or instrumentality thereof, or
			 any other legal or commercial entity.
(9) "Processing fee" means a fee that may be
			 imposed by a third-party purchaser for administering a payment plan, as
			 provided in
			 KRS
			 134.490(5)(c).
(10) "Property owner" means "taxpayer" as
			 defined in
			 KRS
			 134.010(14), or any other
			 owners of real property on which an outstanding certificate of delinquency is
			 held by a third-party purchaser.
(11) "Qualifying certificate" means a
			 certificate of delinquency purchased after June 1, 2012 by a third-party
			 purchaser required to register with the department under
			 KRS
			 134.129.
(12) "Subject property" means the property
			 against which the lien related to a certificate of delinquency is
			 attached.
(13) "Third-party
			 purchaser" is defined by
			 KRS
			 134.010(16).
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 5 - Ad Valorem Tax; Administration › Section 103 KAR 5:230 - Information to be provided by the sheriff when transferring delinquent property tax bills to the county clerk

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				134.122
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				134.122 requires the Department of Revenue to
				promulgate an administrative regulation providing the criteria for the
				information required to be provided by the sheriff when transferring delinquent
				property tax bills to the county clerk. This administrative regulation provides
				a listing of information to be included in those transfers.
Section 1. The sheriff and county clerk may
			 mutually agree to a list of information that is needed to ensure a successful
			 electronic transfer of delinquent property tax data from the sheriff's office
			 to the county clerk's office by the date required by
			 KRS
			 134.122.
Section 2. If the sheriff and county clerk do
			 not mutually agree on the information to be provided electronically in the
			 delinquent property tax data transfer, the following demographic information
			 shall be included in any electronic form utilized to transfer delinquent tax
			 bill data from the sheriff's office to the county clerk's office:
(1) Tax year;
(2) Tax bill number;
(3) Tax district:
(4) Taxpayer name;
(5) Street address;
(6) City, state, and zip code;
(7) Property location address;
(8) Class of property;
(9) Assessed value of property;
(10) Applicable tax districts;
(11) Tax rates imposed by each tax
			 district;
(12) Tax amount due each
			 tax district;
(13) Total tax amount
			 due;
(14) Total penalty amount
			 due;
(15) Total sheriff's fee
			 due;
(16) Total sheriff's
			 commission due; and
(17) Grand
			 total due at the time of transfer.
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 8 - Ad Valorem Tax; State Assessment › Section 103 KAR 8:090 - Classification of property; public service corporations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				136.010,
				136.120,
				136.130
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				Department of Revenue to promulgate administrative regulations for the
				administration and enforcement of all tax laws of this state.
				KRS
				136.130 requires all public service
				corporations performing any public service in Kentucky to report certain facts
				prescribed by the department annually for purposes of the ad valorem tax on
				public service corporations imposed by
				KRS
				136.120.
				KRS
				136.120(2) states that the
				property of all taxpayers shall be classified as operating property,
				nonoperating tangible property, and nonoperating intangible property. This
				administrative regulation specifies the classification of certain operating
				property commonly held by public service corporations as real estate,
				personalty, and manufacturing machinery.
Section
			 1. Classification of Public Service Company Property. The
			 department prescribes the following classification of property to be used by
			 public service corporations in reporting under
			 KRS
			 136.120 et seq. This list is not intended to
			 be complete and comprehends only those items of property whose proper
			 classification has been subject to some confusion in the past.
Type of Property
Classification
Leasehold
Real Estate
Oil & Gas Wells
Real Estate
Transmission Pipelines (Oil, Gas & Water)
Real Estate
Conduits
Real Estate
Oil & Gas Gathering Lines
Tangible Personal
Electric Transmission Lines
Tangible Personal
Electric Distribution Lines
Tangible Personal
Underground Cables
Tangible Personal
Telephone Lines
Tangible Personal
Wire in Underground Conduits
Tangible Personal
Electric Substations/ Transformers
Manufacturing Machinery
Machinery & Equipment used in the Manufacture of
							 Gas
Manufacturing Machinery
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STATUTORY AUTHORITY:
				  KRS
				  131.130
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 8 - Ad Valorem Tax; State Assessment › Section 103 KAR 8:110 - Apportioned vehicles

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				132.487
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				Department of Revenue to promulgate administrative regulations for the
				administration of all tax laws.
				KRS
				136.188(2)(a) requires the
				Department of Revenue to promulgate an administrative regulation designating an
				authoritative source of depreciation values for the determination of the annual
				fee imposed on apportioned motor vehicles by
				KRS
				136.188(1). This
				administrative regulation establishes the authoritative source of depreciation
				values for determining the annual fee on apportioned motor vehicles.
Section 1. The publication titled "Marshall
			 Valuation Service" from Marshall & Swift/Boeckh, LLC, shall be the
			 designated authoritative source of vehicle depreciation values for the
			 determination of the annual fee imposed on apportioned motor vehicles by
			 KRS
			 136.188(1).
STATUTORY AUTHORITY:
				  KRS
				  131.130,
				  132.487,
				  136.188(2)(a)
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 8 - Ad Valorem Tax; State Assessment › Section 103 KAR 8:130 - Ad valorem taxation of machinery actually engaged in the manufacturing of coal, crushed stone, sand, gravel and hot mix asphalt

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				132.020,
				132.200
NECESSITY, FUNCTION AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				Department of Revenue to promulgate administrative regulations necessary for
				the administration and enforcement of all tax laws in Kentucky. This
				administrative regulation explains the property tax classification found in
				KRS
				132.020(1) and
				132.200(4)
				for "machinery actually engaged in manufacturing" as it pertains to coal,
				crushed stone, sand, gravel and hot mix asphalt.
Section 1. Definitions.
(1) "Manufacturing machinery" means machinery
			 actually engaged in manufacturing that is subject to the state ad valorem tax
			 of fifteen (15) cents upon each $100 of value provided in
			 KRS
			 132.020(1) and exempt under
			 KRS
			 132.200(4) from ad valorem
			 taxation by any county, city, school or other taxing district in which it has a
			 taxable situs.
(2) "Processing
			 area" means the area of a coal preparation plant or coal load out facility
			 where operational steps and methods are used to wash, size, blend, crush, load,
			 or chemically treat coal to get a final marketable product.
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 8 - Ad Valorem Tax; State Assessment › Section 103 KAR 8:170 - Pollution control facilities exemption

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 132.020, 132.200, 224.01-300,
				224.1-310
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				Department of Revenue to promulgate administrative regulations necessary for
				the administration and enforcement of all tax laws in Kentucky. This
				administrative regulation establishes the administrative process for obtaining
				and using the pollution control tax exemption certification pursuant to
				KRS
				224.1-310.
Section 1. Definitions.
(1) "Date of the making of the application"
			 means the postmark date, electronic submission date, or date hand-stamped by
			 the department for the "Application for Pollution Control Tax Exemption
			 Certificate", Form 61A216.
(2)
			 "Pollution control facility" is defined by
			 KRS
			 224.1-300(1).
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 15 - Income Tax; General Administration › Section 103 KAR 15:050 - Filing dates and extensions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				131.081(11),
				131.170,
				141.160,
				141.170
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.170 and
				141.170
				authorize the Department of Revenue to grant a taxpayer an extension of time to
				file a tax return. This administrative regulation establishes the procedures to
				be used by an individual, a corporation, a pass-through entity, or a fiduciary
				to obtain an extension of time to file an income or limited liability entity
				tax return.
Section 1. Definitions.
(1) "Corporation" means a corporation as
			 defined by
			 KRS
			 141.010(4), a limited
			 liability company taxed as a corporation, or other entity taxed as a
			 corporation for Kentucky income tax purposes.
(2) "Date prescribed by
			 KRS
			 141.160" means the
			 15th day of the fourth month following the close of
			 the taxable year.
(3) "Fiduciary"
			 is defined by
			 KRS
			 141.010(10).
(4) "General partnership" is a partnership
			 composed of only general partners, who are personally liable for the
			 partnership debts.
(5)
			 "Pass-through entity" has the same meaning as
			 KRS
			 141.010(22).
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 15 - Income Tax; General Administration › Section 103 KAR 15:110 - Ethanol tax credit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				141.010,
				141.020,
				141.030,
				141.040,
				141.0401,
				141.422,
				141.4242,
				141.4246,
				141.4248
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				141.4242 provides a nonrefundable tax credit
				to producers of ethanol.
				KRS
				131.130(1) authorizes the
				department to promulgate administrative regulations necessary to administer and
				enforce Kentucky's tax laws.
				KRS
				141.4246(2) requires the
				department to promulgate an administrative regulation to establish the manner
				in which a pass-through entity shall electronically notify the department of
				who may claim the approved tax credit. This administrative regulation
				establishes guidelines and filing requirements for an ethanol producer filing a
				tax credit claim for gallons of ethanol produced in this state.
Section 1. Definitions.
(1) "Applicant" means an ethanol producer
			 that files a tax credit claim as provided by
			 KRS
			 141.4242.
(2) "Application" or "Schedule ETH" means the
			 Schedule ETH, Application, and Credit Certificate of Income Tax/LLET Credit
			 Ethanol (Revenue Form 41A720ETH) that is used to make an ethanol tax credit
			 claim with the department for gallons of ethanol produced in this state as
			 provided by
			 KRS
			 141.4242(3).
(3) "ASTM" means the American Society for
			 Testing and Materials.
(4)
			 "Corporation" is defined by
			 KRS
			 141.010(4).
(5) "Department" is defined by
			 KRS
			 141.010(5).
(6) "Ethanol" is defined by
			 KRS
			 141.422(9).
(7) "Ethanol producer" is defined by
			 KRS
			 141.422(11).
(8) "Identification number" means:
(a) Social Security number for
			 individuals;
(b) Federal Employer
			 Identification Number for general partnerships, estates, and trusts;
			 and
(c) Kentucky corporation income
			 tax and limited liability entity tax account number for corporations and
			 limited liability pass-through entities.
(9) "Individual" is defined by
			 KRS
			 141.010(13).
(10) "Limited liability pass-through entity"
			 is defined by
			 KRS
			 141.010(15).
(11) "Pass-through entity" is defined by
			 KRS
			 141.010(21).
(12) "Tax credit" means the ethanol tax
			 credit authorized by
			 KRS
			 141.4242 and
			 141.4246.
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 15 - Income Tax; General Administration › Section 103 KAR 15:120 - Cellulosic ethanol tax credit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				141.010,
				141.020,
				141.030,
				141.040,
				141.0401,
				141.422,
				141.4244,
				141.4246,
				141.4248
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				141.4244 provides a nonrefundable tax credit
				to producers of cellulosic ethanol.
				KRS
				131.130(1) authorizes the
				department to promulgate administrative regulations necessary to administer and
				enforce Kentucky's tax laws.
				KRS
				141.4246(2) requires the
				department to promulgate an administrative regulation to establish the manner
				in which a pass-through entity shall electronically notify the department of
				who may claim the approved tax credit. This administrative regulation
				establishes guidelines and filing requirements for a cellulosic ethanol
				producer filing a tax credit claim for gallons of cellulosic ethanol produced
				in this state.
Section 1. Definitions.
(1) "Applicant" means a cellulosic ethanol
			 producer that files a tax credit claim as provided by
			 KRS
			 141.4244.
(2) "Application" or "Schedule CELL" means
			 the Schedule CELL, Application, and Credit Certificate of Income Tax/LLET
			 Credit Cellulosic Ethanol (Revenue Form 41A7220CELL) that is used to make a
			 cellulosic ethanol tax credit claim with the department for gallons of
			 cellulo-sic ethanol produced in this state as provided by
			 KRS
			 141.4244(3).
(3) "ASTM" means the American Society for
			 Testing and Materials.
(4)
			 "Cellulosic ethanol" is defined by
			 KRS
			 141.422(6).
(5) "Cellulosic ethanol producer" is defined
			 by
			 KRS
			 141.422(7).
(6) "Corporation" is defined by
			 KRS
			 141.010(4).
(7) "Department" is defined by
			 KRS
			 141.010(5)
(8) "Identification number" means:
(a) Social Security number for
			 individuals;
(b) Federal Employer
			 Identification Number for general partnerships, estates, and trusts;
			 and
(c) Kentucky corporation income
			 tax and limited liability entity tax account number for corporations and
			 limited liability pass-through entities.
(9) "Individual" is defined by
			 KRS
			 141.010(13).
(10) "Limited liability pass-through entity"
			 is defined by
			 KRS
			 141.010(15).
(11) "Pass-through entity" is defined by
			 KRS
			 141.010(21).
(12) "Tax credit" means the cellulosic
			 ethanol tax credit authorized by
			 KRS
			 141.4244 and
			 141.4246.
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 15 - Income Tax; General Administration › Section 103 KAR 15:140 - Biodiesel tax credit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				141.010,
				141.020,
				141.030,
				141.040,
				141.0401,
				141.422,
				141.423,
				141.424
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				141.423 establishes a nonrefundable tax
				credit for biodiesel producers, biodiesel blenders, and renewable diesel
				producers.
				KRS
				141.425 authorizes the department to
				promulgate administrative regulations necessary to administer the biodiesel tax
				credit.
				KRS
				141.424 requires the department to promulgate
				an administrative regulation to establish the manner in which a pass-through
				entity shall electronically notify the department of who may claim the approved
				tax credit.
Section 1. Definitions.
(1) "Applicant" means a biodiesel producer,
			 biodiesel blender, or renewable diesel producer that files a tax credit claim
			 as provided by
			 KRS
			 141.423.
(2) "Application" or "Schedule BIO" means the
			 Schedule BIO, Application and Credit Certificate of Income Tax/LLET Credit
			 Cellulosic Ethanol (Revenue Form 41A720BIO) that is used to make a tax credit
			 claim with the department for gallons of biodiesel produced in this state,
			 gallons of biodiesel used in blended biodiesel produced in this state, or
			 gallons of renewable diesel produced in this state as provided by
			 KRS
			 141.423(4).
(3) "ASTM" means the American Society for
			 Testing and Materials.
(4)
			 "Biodiesel" is defined by
			 KRS
			 141.422(4).
(5) "Biodiesel blender" means an entity that
			 blends biodiesel with petroleum diesel as provided by
			 KRS
			 141.422(8).
(6) "Biodiesel producer" is defined by
			 KRS
			 141.422(5).
(7) "Blended biodiesel" is defined by
			 KRS
			 141.422(8).
(8) "Corporation" is defined by
			 KRS
			 141.010(4).
(9) "Department" is defined by
			 KRS
			 141.010(5).
(10) "Identification number" means the:
(a) Social Security number for
			 individuals;
(b) Federal Employer
			 Identification Number for general partnerships, estates, and trusts;
			 and
(c) Kentucky corporation income
			 tax and limited liability entity tax account number for corporations and
			 limited liability pass-through entities.
(11) "Individual" is defined by
			 KRS
			 141.010(13).
(12) "Limited liability pass-through entity"
			 is defined by
			 KRS
			 141.010(15).
(13) "Pass-through entity" is defined by
			 KRS
			 141.010(21).
(14) "Renewable diesel" is defined by
			 KRS
			 141.422(12).
(15) "Renewable diesel producer" is defined
			 by
			 KRS
			 141.422(13).
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 15 - Income Tax; General Administration › Section 103 KAR 15:195 - Endow Kentucky Tax Credit

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				141.438,
				147A.310
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				141.438 establishes a nonrefundable tax
				credit for a taxpayer making an endowment gift to a permanent endowment fund of
				a qualified community foundation, or county-specific component fund, or
				affiliate community foundation, which has been certified under
				KRS
				147A.325.
				KRS
				131.130(1) authorizes the
				department to promulgate administrative regulations to administer and enforce
				Kentucky's tax laws. This administrative regulation establishes the
				requirements for the department's allocation of the $1,000,000 tax credit that
				may be awarded each fiscal year under the provisions of
				KRS
				141.438(6) and establishes
				the filing requirements for a taxpayer to obtain preliminary authorization and
				final approval of the tax credit from the department.
Section 1. Definitions.
(1) "Affiliate community foundation" is
			 defined by
			 KRS
			 147A.310(1).
(2) "Applicant" means a taxpayer that files
			 an application with the department to obtain preliminary authorization for the
			 Endow Kentucky tax credit as required by
			 KRS
			 141.438(7).
(3) "Application" means ENDOW Application,
			 Application for Preliminary Authorization of the Endow Kentucky Tax Credit,
			 Revenue Form 41A720-S85.
(4)
			 "County-specific component fund" is defined by
			 KRS
			 147A.310(3).
(5) "Department" means the Kentucky
			 Department of Revenue.
(6)
			 "Endowment gift" is defined by
			 KRS
			 147A.310(4).
(7) "Final approval" means the applicant has
			 received written notice from the department that proof of the endowment gift
			 has been verified, as required by
			 KRS
			 141.438(8)(c).
(8) "Identification number" means:
(a) A Social Security number for
			 individuals;
(b) A Federal Employer
			 Identification Number for general partnerships, estates, or trusts;
			 or
(c) A Kentucky Corporation/LLET
			 Account Number for corporations or limited liability pass-through
			 entities.
(9)
			 "Preliminary authorization" means the applicant has received written notice
			 from the department that the application is in compliance with
			 KRS
			 141.438.
(10) "Qualified community foundation" is
			 defined by
			 KRS
			 147A.310(6).
(11) "Received" means the application has
			 been delivered in accordance with Section 2(2) of this administrative
			 regulation and time stamped as received by the Office of Income Taxation,
			 Division of Corporation Tax, Tax Credits Section.
(12) "Tax credit" means the credit
			 established by
			 KRS
			 141.438(3).
(13) "Tax credit cap" means the amount
			 provided by
			 KRS
			 141.438(6).
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 16 - Income Tax; Corporations › Section 103 KAR 16:060 - Income classification; apportionable and non-apportionable

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				141.010,
				141.120
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				department to promulgate administrative regulations necessary to administer and
				enforce Kentucky's tax laws.
				KRS
				141.120 contains provisions for assigning to
				Kentucky the apportionable income and non-apportionable income of multistate
				corporations. This administrative regulation establishes criteria for
				classification of corporate income into its apportionable and non-apportionable
				components, allocates expenses for non-apportionable income, and clarifies that
				Kentucky follows both the transactional and functional tests. The examples used
				throughout this administrative regulation are illustrative only and are limited
				to the facts contained within.
Section
			 1. Definitions.
(1)
			 "Acquisition" means the act of obtaining an interest in property.
(2) "Allocation" means non-apportionable
			 income specifically assigned or allocated to one (1) or more specific
			 jurisdictions.
(3) "Apportionable
			 income" is defined by
			 KRS
			 141.120(1)(a).
(4) "Apportionment" means apportionable
			 income divided among jurisdictions by use of the apportionment factor provided
			 in
			 KRS
			 141.120.
(5) "Disposition" means the act or the power
			 to relinquish or transfer an interest in or control over property to another,
			 in whole or in part.
(6)
			 "Management" means the oversight, direction, or control, directly or by
			 delegation, of the property for the use or benefit of the trade or
			 business.
(7) "Non-apportionable
			 income" is defined in
			 KRS
			 141.120(1)(d).
(8) "Trade or business" as used in the
			 definition of apportionable income and in the application of that definition
			 means the unitary business of the taxpayer, part of which is conducted within
			 Kentucky.
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 16 - Income Tax; Corporations › Section 103 KAR 16:090 - Apportionment; payroll factor

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				141.010,
				141.120(12)(a)
				2., 141.121, 141.901
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				141.121 and
				141.901
				require business or apportionable income of multi-state corporations to be
				apportioned to Kentucky by multiplying the income by a fraction.
				KRS
				131.130(1) authorizes the
				department to promulgate administrative regulations to administer and enforce
				Kentucky's tax laws. This administrative regulation provides a detailed
				explanation of the payroll apportionment factor.
Section 1. Compensation.
(1)
(a)
			 Compensation shall not include payments to an independent contractor or any
			 other person not properly classifiable as an employee.
(b) Only amounts paid directly to employees
			 shall be included in the payroll factor. Amounts considered paid directly shall
			 include the value of board, rent, housing, lodging, and other benefits or
			 services furnished to employees by the corporation in return for personal
			 services, if the amounts constitute income to the recipient under
			 KRS
			 141.900(12) and
			 (13).
Kentucky Administrative Regulations › Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE › Chapter 16 - Income Tax; Corporations › Section 103 KAR 16:200 - Consolidated Kentucky corporation income tax return

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				141.0401,
				141.120(9),
				141.121(3),
				141.201,
				141.901
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				131.130(1) authorizes the
				department to promulgate administrative regulations to administer and enforce
				Kentucky's tax laws.
				KRS
				141.050(4) requires the
				Department of Revenue to promulgate administrative regulations and rules
				necessary for the proper administration of KRS Chapter 141. This administrative
				regulation establishes terms, forms, and procedures required for the
				implementation of
				KRS
				141.201, with respect to elective
				consolidated returns.
Section 1.
			 Definitions.
(1) "Affiliated group" is
			 defined by
			 KRS
			 141.201(2)(a).
(2) "Common parent corporation" means the
			 member of an affiliated group:
(a) That
			 directly owns stock meeting the requirements of Section 1504(a)(2) of the
			 Internal Revenue Code,
			 26
			 U.S.C. 1504(a)(2), in at
			 least one (1) other member of the affiliated group; and
(b) Whose stock is not owned directly by any
			 other member of the affiliated group as required by Section 1504(a)(2) of the
			 Internal Revenue Code,
			 26
			 U.S.C. 1504(a)(2).
(3) "Consolidated return" is
			 defined by
			 KRS
			 141.201(2)(b).
(4) "Election period" is defined by
			 KRS
			 141.201(2)(e).
(5) "Exempt from taxation" means the
			 corporations listed in
			 KRS
			 141.040(1)(a) for taxable
			 years beginning prior to January 1, 2021 and
			 KRS
			 141.040(1)(b) for taxable
			 years beginning on or after January 1, 2021.
(6) "Provider" is defined by
			 KRS
			 141.121(1)(e).