Kentucky Revised Statutes (Last Updated: May 10, 2014) |
TITLE XI. REVENUE AND TAXATION |
CHAPTER 139. SALES AND USE TAXES |
010. Definitions for chapter. |
020. Repealed, 2008. [Repealed] |
025. Regulations providing for use of tax basis other than accrual. |
030. Repealed, 2008. [Repealed] |
Definitions and General Provisions |
040. Repealed, 2008. [Repealed] |
050. Repealed, 2008. [Repealed] |
060. Repealed, 2008. [Repealed] |
070. Repealed, 2008. [Repealed] |
080. Repealed, 2008. [Repealed] |
090. Repealed, 2008. [Repealed] |
095. Repealed, 2008. [Repealed] |
100. Repealed, 2008. [Repealed] |
105. Sourcing of retail sales -- Communications services, digital property, and florist wire sales. |
110. Repealed, 2008. [Repealed] |
120. Repealed, 2008. [Repealed] |
125. Procurement, processing or distribution of blood or human tissue deemed service and not sale. |
130. Repealed, effective July 1, 2004. [Repealed] |
140. Repealed, 2008. [Repealed] |
150. Repealed, 2008. [Repealed] |
160. Repealed, 2008. [Repealed] |
170. Repealed, 2008. [Repealed] |
180. Repealed, 2008. [Repealed] |
185. Corporate officers, managers of limited liability companies, and partners of registered limited liability partnerships personally liable. |
190. Repealed, 2008. [Repealed] |
195. Definitions for KRS 139.105, 139.200, 139.215, and 139.775. |
Sales Tax |
200. Imposition of sales tax. |
210. Retailer's powers to collect from purchaser -- Separate display of tax -- Taxes collected constitute debt to Commonwealth. |
215. Taxation of bundled transactions. |
220. Prohibited advertising. |
230. Elimination of fractions of a cent. |
240. Application for retailer's or seller's permit to do business. |
250. Seller's permit to do business -- Issuance -- Nonassignability -- Display. |
260. Presumption that all gross receipts and tangible personal property and digital property sold for delivery in this state are taxable -- Burden of proof. |
270. Resale certificate and certificates of exemption. |
280. Contents and form of certificate. |
290. Property used by purchaser after giving certificate -- When retailer may deduct purchase price. |
300. Fungible goods bought under certificate commingled with goods bought otherwise. |
Use Tax |
310. Imposition of excise tax on storage, use, or other consumption. |
320. Repealed, 2007. [Repealed] |
330. Purchaser's liability for tax imposed by KRS 139.310. |
340. Retailer's duty to collect tax -- Taxes deemed to be held by retailer in trust. |
350. Exception in the case of bad debts. |
360. Tax due is retailer's debt. |
365. Exemption from collection duty for out-of-state commercial printers and mailers. |
370. Repealed, effective July 1, 2004. [Repealed] |
380. Separate display of tax and price. |
390. Registration by retailer. |
400. Repealed, effective July 1, 2004. [Repealed] |
410. Repealed, effective July 1, 2004. [Repealed] |
420. Repealed, effective July 1, 2004. [Repealed] |
430. Property used by purchaser after giving certificate. |
440. Fungible goods bought under certificate commingled with goods bought otherwise. |
450. Presumption as to property shipped or brought into state -- Duty of retailers that do not collect tax to provide use tax liability notification to Kentucky customers -- Exemption. |
460. Repealed, effective July 1, 2004. [Repealed] |
Exemptions |
470. Exempt transactions. |
471. Transactions excluded from additional tax. |
472. Exemption for certain medical items. |
474. Repealed, 1978. [Repealed] |
480. Property exempt. |
482. Historical sites. |
483. Exemption of vessels and maritime supplies. |
484. Exemption of moneys paid for lease or rental of films by commercial motion picture theaters. |
485. Exemption of food items -- Definitions. |
486. Sale, use, storage, or consumption of "industrial machinery" -- Definitions for section. |
487. Repealed, 2008. [Repealed] |
488. Repealed, 2008. [Repealed] |
490. Repealed, effective July 1, 2004. [Repealed] |
495. Application of taxes to resident nonprofit institutions. |
496. Exemption of certain sales. |
497. Exemption for sales by schools or school-sponsored clubs and organizations or affiliated groups and by certain nonprofit educational youth programs. |
500. Exemption from use tax of property subject to sales or gasoline tax. |
505. Refundable credit of portion of sales tax paid on interstate business communications service. |
510. Use tax credit for sales tax paid in another state under reciprocal arrangement -- Tax credit for taxes paid in another state on communications service. |
515. Sales tax refund program for qualifying signature projects. |
517. Sales tax incentive for alternative fuel, gasification, and renewable energy facilities. |
518. Sales or use tax refund on energy-efficiency products used at manufacturing plant. |
519. Sales and use tax refund on building materials used for disaster recovery. |
520. Inapplicability of other statutory exemptions. |
530. Sales and use taxes are in addition to other taxes. |
531. Application of taxes to horse industry. |
5313. Application of taxes to mortuary industry. |
532. Repealed, effective July 1, 2004. [Repealed] |
533. Sales tax rebate on sales of admissions and tangible personal property at governmental facility. |
534. Tax refund for purchases and operation of certain communications and computer systems costing $100 million or more. |
535. Sales and use tax incentive for approved companies on qualifying purchases for economic development projects approved under KRS 154.31-030. |
536. Tourism attraction project credit against sales tax. |
537. Exemption for coal-based near zero emission power plant. |
Motion Picture Production Company Refundable Credits |
538. Encouragement of motion picture industry -- Legislative purpose -- Definitions -- Tax credit -- Administrative regulations. |
5381. Repealed, 2008. [Repealed] |
5382. Repealed, 2008. [Repealed] |
5383. Repealed, 2008. [Repealed] |
5384. Repealed, 2008. [Repealed] |
5385. Repealed, 2008. [Repealed] |
5386. Repealed, 2008. [Repealed] |
Administration |
540. Taxes are due monthly. |
550. Required monthly return. |
560. Repealed, effective July 1, 2004. [Repealed] |
570. Reimbursement of seller's collection costs. |
580. Delivery of return and remittance of tax. |
590. Returns for other than monthly periods. |
600. Sales tax on rental receipts. |
610. Extension of time for filing return. |
620. Time for assessing taxes shown owing by the return. |
630. Repealed, 1976. [Repealed] |
640. Offset of overpayments against tax owing. |
650. Interest on overdue tax. |
660. Security for compliance with chapter. |
670. Withholding amount of tax liability by purchaser of business. |
680. Procedure in case of failure to withhold. |
690. Repealed, effective July 1, 2004. [Repealed] |
700. Collection of tax by out-of-state retailer. |
710. Administration by department. |
720. Records required to be kept -- For how long. |
730. Sales and tax reports. |
735. Restrictions on administrative regulations and policies. |
740. Requirements in action on debt arising out of sale of tangible personal property. |
750. Repealed, effective July 1, 2004. [Repealed] |
760. Revocation or suspension of permit -- Prohibition of suit to delay or restrain collection of tax. |
770. Refund or credit of taxes paid -- Claims. |
771. Overcollection of sales or use taxes. |
775. Mobile telecommunications services -- Adoption of federal provisions -- Notification of home service provider about errors -- Correction and refund -- Exhaustion of remedies. |
776. Repealed, 2007. [Repealed] |
777. Direct mail sourcing. |
778. Tangible personal property purchased out of state -- Collection of tax at titling or first registration -- Exemptions -- remittance to department. |
779. Tax receipts, interest, and penalties from sale of motor vehicle to be deposited in road fund -- Exceptions. |
Uniform Sales and Use Tax Administration Act |
780. Short title. |
781. Definitions for KRS 139.780 to 139.795. |
783. Purpose of KRS 139.780 to 139.795. |
785. Authority of department -- Representation of state. |
787. Effect of agreement on Kentucky law. |
789. Requirements for entering into agreement. |
791. Cooperating sovereigns. |
793. Applicability of agreement -- Limitation of action. |
794. Conditions for exemption from assessment for uncollected or unpaid sales or use tax. |
795. Certified service provider is agent of seller -- Liability -- Exemption for purchaser, seller, and certified service provider. |
Penalties |
980. Civil penalties. |
990. Criminal penalties. |