2014 Kentucky Revised Statutes CHAPTER 139 - SALES AND USE TAXES 139.533 Sales tax rebate on sales of admissions and tangible personal property at governmental facility.
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139.533 Sales tax rebate on sales of admissions and tangible personal
property at governmental facility.
(1)
(2)
(3)
(4)
As used in this section:
(a) "Effective date" means the first day of the month following the month in
which the department notifies the governmental entity that it is eligible to
receive a sales tax rebate;
(b) "Governmental entity" means:
1.
Any county with a population of less than one hundred thousand
(100,000) residents; or
2.
Any city, agency, instrumentality, quasi-governmental entity, or other
political subdivision of the Commonwealth that is located in a county
with a population of less than one hundred thousand (100,000)
residents; and
(c) 1.
"Public facility" means a building owned and operated by a
governmental entity that is a multipurpose facility open to the
general public for performances and programs relating to arts,
sports, and entertainment and which includes at least five hundred
(500) seats but not more than eight thousand (8,000) seats.
2.
"Public facility" does not include a university, college, or school
gymnasium or auditorium.
(a) Notwithstanding KRS 134.580 and 139.770, effective July 1, 2010, a
governmental entity may be granted a sales tax rebate of up to one
hundred percent (100%) of the Kentucky sales tax generated by the sale
of admissions to the public facility and the sale of tangible personal
property at the public facility. The tax rebate shall be reduced by the
vendor compensation allowed under KRS 139.570 on or after July 1,
2010.
(b) The governmental entity shall have no obligation to refund or otherwise
return any amount of the sales tax rebate to the persons from whom the
sales tax was collected.
(c) The total tax rebate for each public facility shall not exceed two hundred
fifty thousand dollars ($250,000) in each calendar year.
(a) To be eligible for a sales tax rebate under this section, the governmental
entity shall file an application with the department in the form prescribed
by the department through the promulgation of an administrative
regulation in accordance with KRS Chapter 13A.
(b) The department shall:
1.
Review the application;
2.
Determine whether the applicant meets the requirements of this
section; and
3.
Notify the applicant in writing whether the applicant qualifies for a
rebate and the effective date of qualification.
A qualified applicant shall file a request for a sales tax rebate within sixty (60)
days following the end of each calendar quarter for sales made during the
quarter. The request shall be submitted in the form prescribed by the
(5)
(6)
department through the promulgation of an administrative regulation in
accordance with KRS Chapter 13A, and shall include supporting information
and documentation as determined necessary by the department to verify the
requested tax rebate.
The department shall review the request, verify the amount of sales tax rebate
due to the governmental entity, and pay the amount determined due within
forty-five (45) days of receipt of the request and all necessary supporting
information to the extent the cap established by subsection (2)(c) of this section
has not been met.
Interest shall not be allowed or paid on any sales tax rebate payment made
under this section.
Effective:June 26, 2009
History: Created 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 74, effective June 26,
2009.
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