2014 Kentucky Revised Statutes CHAPTER 136 - CORPORATION AND UTILITY TAXES 136.188 Annual fee on trucks, tractors, and buses operating partly within and partly outside Kentucky -- Fee to replace ad valorem tax -- Determination of value and fee -- Collection and distribution -- Protest.
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136.188 Annual fee on trucks, tractors, and buses operating partly within and
partly outside Kentucky -- Fee to replace ad valorem tax -- Determination
of value and fee -- Collection and distribution -- Protest.
(1)
(2)
(3)
Notwithstanding KRS 132.487, any truck, tractor, or bus which is operated on a
route or as part of a system that is partly within and partly outside Kentucky
shall be subject to an annual fee at the time the vehicle is registered with and
the registration fee is paid to the Transportation Cabinet pursuant to KRS
186.020 and 186.050(3) and (13). The fee shall be imposed on the vehicle's
owner or the owner's legal designee as of January 1 of each year. Such
payment shall be made to the Transportation Cabinet either directly, in the
case of a vehicle based in Kentucky, or indirectly, through the International
Registration Plan, in the case of a vehicle based outside of Kentucky.
The fee imposed by subsection (1) of this section replaces the state and local
ad valorem property tax the Department of Revenue previously imposed and
centrally collected against trucks, tractors, and buses operated on a route or as
part of a system that is partly within and partly outside Kentucky. The fee
imposed by subsection (1) of this section shall not be construed as a fee
imposed upon the registration, operation, or use of the vehicles on public
highways. The Department of Revenue shall use the following method for
determining the rate for fixing the assessed value of the property and for
determining the annual fee amount:
(a) The Department of Revenue shall determine the assessed value on an
annual basis by multiplying the purchase price of the truck, tractor, or bus
by a depreciation value expressed as a percentage of the original cost
from an authoritative source that the Department of Revenue prescribes
by promulgation of an administrative regulation;
(b) The Department of Revenue shall determine an aggregate state and local
rate on an annual basis. The state rate shall be the weighted average
commercial and industrial tangible personal property tax rate, and the
local rate shall be determined using the method set forth in KRS
136.180(3) and (4);
(c) The Department of Revenue shall determine the amount subject to the
annual fee by multiplying the total assessed value of all vehicles by an
apportionment factor. The apportionment factor shall be determined as
provided in KRS 186.050(13)(a); and
(d) The annual fee shall be determined by multiplying the amount subject to
the annual fee by the rate determined in paragraph (b) of this subsection.
The Department of Revenue shall provide the Transportation Cabinet with the
information needed to collect the fee.
The Transportation Cabinet shall forward the money it collects from the fee
imposed by subsection (1) of this section to the Department of Revenue on a
monthly basis. The Department of Revenue shall divide and distribute the
money among the state, counties, cities, urban-counties, charter counties,
consolidated local governments, school districts, and special taxing districts in
the same manner as the Department of Revenue divided and distributed the
state and local ad valorem property tax previously imposed and centrally
collected.
(4)
(5)
(6)
Pick-up and delivery vehicles operating from a terminal within this state and
vehicles that do not leave the state in the normal course of business shall not
be required to pay the fee imposed by subsection (1) of this section, but shall
instead be subject to the ad valorem tax under KRS 132.487.
Any person paying the fee imposed by subsection (1) of this section shall have
forty-five (45) days from the date the person is notified of the fee amount to
protest. The protest shall be filed with the Commonwealth of Kentucky,
Department of Revenue, in accordance with the provisions of KRS 131.110.
Notification by any state's or Canadian province's or territory's registration
authority of the amount due shall satisfy the notification requirement of KRS
131.110(1).
No protest or appeal shall delay the collection or payment of the fee imposed
by subsection (1) of this section. The fee amount due as determined in
subsection (2) of this section shall be paid at the time of registration. If the fee
is not paid, the Commonwealth of Kentucky, Transportation Cabinet, shall not
register the vehicle for which registration is sought. Persons registering
vehicles in other states or Canada shall be subject to requirements of those
registration authorities.
Effective:January 1, 2007
History: Created 2006 Ky. Acts ch. 252, Pt. XV, sec. 2, effective January 1, 2007.
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