2009 Kentucky Revised Statutes CHAPTER 138 EXCISE TAXES 138.4631 Estimated assessment, plus penalty and interest, against holders of U-Drive-It permits and against dealers with loaner motor vehicles for failure or refusal to pay tax.
138.4631 Estimated assessment, plus penalty and interest, against holders of U-
Drive-It permits and against dealers with loaner motor vehicles for failure or <br>refusal to pay tax.
(1) If any holder of a permit under KRS 138.463(2) fails or refuses to file a return or
furnish any information requested in writing, the cabinet may, from any information <br>in its possession, make an estimate of the permit holder's gross rental or lease <br>charges and issue an assessment against the permit holder based on the estimated <br>gross rental or lease charges and add a penalty of ten percent (10%) of the amount <br>of the assessment so determined. This penalty shall be in addition to all other <br>applicable penalties provided by law.
(2) If a dealer under KRS 138.4605 fails or refuses to file a return or furnish any
information requested in writing, the cabinet may, from any information in its <br>possession, make an estimate of the tax owed by the dealer on his loaner motor <br>vehicles and issue an assessment against the dealer after adding a penalty of ten <br>percent (10%) of the amount of the assessment so determined. The penalty shall be <br>in addition to all other applicable penalties provided by law.
(3) If any holder of a permit under KRS 138.463(2) or a dealer under KRS 138.4605
fails to make and file a return required by KRS 138.4605 or 138.463 on or before <br>the due date of the return or the due date as extended by the cabinet, or if the tax, or <br>any installment or portion of the tax imposed by KRS 138.4605 or 138.463, is not <br>paid on or before the date prescribed for its payment, then, unless it is shown to the <br>satisfaction of the cabinet that the failure is due to a reasonable cause, five percent <br>(5%) of the tax found to be due shall be added to the tax for each thirty (30) days or <br>fraction thereof elapsing between the due date of the return and the date on which <br>filed, but the total penalty shall not exceed twenty-five percent (25%) of the tax; <br>provided, however, that in no case shall the penalty be less than ten dollars ($10).
(4) If the tax imposed by KRS 138.4605 or 138.463, whether assessed by the cabinet,
the dealer, or the permit holder, or any installment or portion of the tax is not paid <br>on or before the date prescribed for its payment, there shall be collected, as a part of <br>the tax, interest upon the unpaid amount at the tax interest rate as defined in KRS <br>131.010(6) from the date prescribed for its payment until payment is actually made.
Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 166, sec. 3, effective July 15, 1998. -- Amended
1992 Ky. Acts ch. 338, sec. 4, effective August 1, 1992. -- Amended 1986 Ky. Acts <br>ch. 431, sec. 5, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 387, sec. 5, <br>effective July 15, 1982.
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