2013 Kentucky Revised Statutes CHAPTER 131 - DEPARTMENT OF REVENUE 131.1815 Revocation of alcoholic beverage license issued to person who becomes a delinquent taxpayer.
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131.1815 Revocation of alcoholic beverage license issued to person who
becomes a delinquent taxpayer.
(1)
(2)
(3)
Whenever it is determined that a taxpayer, who holds a license under KRS
Chapter 243, is a delinquent taxpayer as defined in subsection (2) of this
section, the department may, after giving notice as provided in subsection (3)
of this section, submit the name of the taxpayer to the Department of Alcoholic
Beverage Control for revocation of any license issued under KRS Chapter 243.
Any of the following situations shall be sufficient to cause a taxpayer to be
classified as a "delinquent taxpayer" for purposes of this section:
(a) When a taxpayer has an overdue state tax liability arising directly or
indirectly from the manufacture, sale, transportation, or distribution of
alcoholic beverages, for which all protest and appeal rights granted by law
have expired, and the taxpayer has been contacted by the department
concerning the overdue tax liability. This does not include a taxpayer who
is making current timely installment payments on the overdue tax liability
under agreement with the department;
(b) When a taxpayer has not filed a required tax return as of ninety (90) days
after the due date or after the extended due date, and the taxpayer has
been contacted by the department concerning the delinquent return; or
(c) When an owner, partner, or corporate officer of a proprietorship,
partnership, or corporation holding a license under KRS Chapter 243 held
a similar position in a business whose license was revoked as a
"delinquent taxpayer," and the tax liability remains unpaid as of ninety
(90) days after the due date.
At least twenty (20) days before submitting a taxpayer's name to the
Department of Alcoholic Beverage Control as provided in subsection (1) of this
section, the department shall notify the taxpayer by certified mail that the action
is to be taken. The notice shall state the reason for the action and shall set out
the amount of any tax liability including any applicable penalties and interest
and any other area of noncompliance that must be satisfied in order to prevent
the submission of his name to the Department of Alcoholic Beverage Control
as a delinquent taxpayer.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 91, effective July 15, 2010. -Amended 2005 Ky. Acts ch. 85, sec. 123, effective June 20, 2005. -- Created
1996 Ky. Acts ch. 329, sec. 1, effective July 15, 1996.
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