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160.6156 Refund of utility gross receipts tax -- Effect of utility's rate increase
-- Appeal to Circuit Court.
(1)
(2)
(3)
(4)
(5)
Any utility service provider or any registered user of utility services as provided
in KRS 160.613(2) or (3) that has paid the utility gross receipts tax imposed by
a school district pursuant to KRS 160.613 and 160.614 to the department may
request a refund or credit for any overpayment of tax or any payment where no
tax was due within two (2) years after the tax due date, including any
extensions granted.
A request for refund shall be in writing, and shall be made to the department
with a copy to the school district to which the tax was allocated. The request
shall state the amount requested, the applicable period, and the basis for the
request.
(a) Refunds shall be authorized by the department, in consultation with the
chairman or finance officer of the district board of education, with interest
as provided in KRS 131.183.
(b) Notwithstanding paragraph (a) of this subsection, a utility service provider
shall not be entitled to a refund or credit of the taxes paid under KRS
160.613 or 160.614 if the utility service provider has increased its rates in
accordance with KRS 160.617, unless the utility service provider refunds
or credits its related customers the amount of overpayment made to the
department.
The department shall make authorized tax refunds, including interest, from
current tax collections in its possession allocated for distribution to the affected
district. Applicable school district distributions and the department
administrative expense allocation provided for pursuant to KRS 160.6154(2)
shall be adjusted proportionately to reflect refunds paid. If sufficient funds are
not available from the current distribution cycle, the department shall pay
refunds from subsequent amounts collected for distribution to the affected
district until all refund payments, including interest, have been completed.
If the department denies a requested refund in whole or in part, the taxpayer
may appeal the denial to the Circuit Court in the county where the school
district is located within thirty (30) days from the mailing date of the denial.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 137, sec. 2, effective July 15, 2014. -Repealed and reenacted Ky. Acts ch. 86, sec. 4, effective March 24, 2009. -Amended 2008 Ky. Acts ch. 132, sec. 4, effective April 24, 2008. -- Amended
2006 Ky. Acts ch. 6, sec. 20, effective March 6, 2006. -- Created 2004 Ky. Acts
ch. 79, sec. 8, effective July 1, 2005.
Legislative Research Commission Note (3/24/2009). 2009 Ky. Acts ch. 86, sec.
17, provides that "The intent of the General Assembly in repealing and
reenacting KRS 136.392, 138.195, 141.160, 160.6156, 160.6157, 160.6158,
131.183, 141.044, 141.235, 134.580, 393.060, and 157.621 in Sections 1 to 12
of this Act is to affirm the amendments made to these sections in 2008 Ky. Acts
ch. 132. The provisions in Sections 1 to 12 of this Act shall apply retroactively to
April 24, 2008."
Legislative Research Commission Note (3/24/2009). 2009 Ky. Acts ch. 86, sec.
18, provides "To the extent that any provision included in this Act is considered
new language, the provisions of KRS 446.145 requiring such new language to
be underlined are notwithstood."
Legislative Research Commission Note (3/6/2006). 2006 Ky. Acts ch. 6, sec. 26,
provides that this section applies retroactively to January 1, 2006.
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