2011 Kentucky Revised Statutes CHAPTER 131 DEPARTMENT OF REVENUE 131.1815 Revocation of alcoholic beverage license issued to person who becomes a delinquent taxpayer.
KY Rev Stat § 131.1815 (1996 through Reg Sess) What's This?
131.1815 Revocation of alcoholic beverage license issued to person who becomes a
delinquent taxpayer.
(1)
(2)
(3)
Whenever it is determined that a taxpayer, who holds a license under KRS Chapter
243, is a delinquent taxpayer as defined in subsection (2) of this section, the
department may, after giving notice as provided in subsection (3) of this section,
submit the name of the taxpayer to the Department of Alcoholic Beverage Control
for revocation of any license issued under KRS Chapter 243.
Any of the following situations shall be sufficient to cause a taxpayer to be
classified as a "delinquent taxpayer" for purposes of this section:
(a) When a taxpayer has an overdue state tax liability arising directly or indirectly
from the manufacture, sale, transportation, or distribution of alcoholic
beverages, for which all protest and appeal rights granted by law have expired,
and the taxpayer has been contacted by the department concerning the overdue
tax liability. This does not include a taxpayer who is making current timely
installment payments on the overdue tax liability under agreement with the
department;
(b) When a taxpayer has not filed a required tax return as of ninety (90) days after
the due date or after the extended due date, and the taxpayer has been
contacted by the department concerning the delinquent return; or
(c) When an owner, partner, or corporate officer of a proprietorship, partnership,
or corporation holding a license under KRS Chapter 243 held a similar
position in a business whose license was revoked as a "delinquent taxpayer,"
and the tax liability remains unpaid as of ninety (90) days after the due date.
At least twenty (20) days before submitting a taxpayer's name to the Department of
Alcoholic Beverage Control as provided in subsection (1) of this section, the
department shall notify the taxpayer by certified mail that the action is to be taken.
The notice shall state the reason for the action and shall set out the amount of any
tax liability including any applicable penalties and interest and any other area of
noncompliance that must be satisfied in order to prevent the submission of his name
to the Department of Alcoholic Beverage Control as a delinquent taxpayer.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 91, effective July 15, 2010. -- Amended
2005 Ky. Acts ch. 85, sec. 123, effective June 20, 2005. -- Created 1996 Ky. Acts
ch. 329, sec. 1, effective July 15, 1996.
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