Download as PDF
138.464 Weekly report to department -- Daily deposit in state depository.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
The county clerk shall report each Monday to the department all moneys
collected during the previous week, together with a duplicate of all receipts
issued by him during the same period.
(a) For collections prior to August 1, 2010, the clerk shall deposit motor
vehicle usage tax and sales and use tax collections not later than the next
business day following receipt in a Commonwealth of Kentucky,
department account in a bank designated as a depository for state funds.
The clerk may be required to then cause the funds to be transferred from
the local depository bank to the State Treasury in whatever manner and
at times prescribed by the commissioner of the department or his
designee.
(b) For collections on or after August 1, 2010, the provisions of KRS 131.155
shall apply.
Failure to forward duplicates of all receipts issued during the reporting period
or failure to file the weekly report of moneys collected within seven (7) working
days after the report is due shall subject the clerk to a penalty of two and
one-half percent (2.5%) of the amount of moneys collected during the reporting
period for each month or fraction thereof until the documents are filed.
Failure to deposit or, if required, transfer collections as required above shall
subject the clerk to a penalty of two and one-half percent (2.5%) of the amount
not deposited or, if required, not transferred for each day until the collections
are deposited or transferred as required above. The penalty for failure to
deposit or transfer money collected shall not be less than fifty dollars ($50) nor
more than five hundred dollars ($500) per day.
The penalties provided in this section shall not apply if the failure of the clerk is
due to reasonable cause.
The department may in its discretion grant a county clerk a reasonable
extension of time to file his report or make any transfer of deposits as required
above. The extension, however, must be requested prior to the end of the
seven (7) day period and shall begin to run at the end of said period.
All penalties collected under this provision shall be paid into the State Treasury
as a part of the revenue collected under KRS 138.450 to 138.729 and 139.778.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 147, sec. 8, effective July 15, 2010. -Amended 2006 Ky. Acts ch. 251, Pt. XIV, sec. 2, effective January 1, 2007;
ch. 252, Pt. XXXV, sec. 4, effective January 1, 2007; ch. 251, sec. 6, effective
July 12, 2006; and ch. 6, sec. 10, effective March 6, 2006. -- Amended 2005 Ky.
Acts ch. 85, sec. 388, effective June 20, 2005. -- Amended 1990 Ky. Acts
ch. 187, sec. 2, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 387,
sec. 4, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 325, sec. 2.
Legislative Research Commission Note (3/6/2006). 2006 Ky. Acts ch. 6, sec. 29,
provides that this section applies retroactively to July 1, 2005.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.