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132.200 Property subject to state tax only.
All property subject to taxation for state purposes shall also be subject to taxation in the
county, city, school, or other taxing district in which it has a taxable situs, except the class
of property described in KRS 132.030 and the following classes of property, which shall
be subject to taxation for state purposes only:
(1) Farm implements and farm machinery owned by or leased to a person actually
engaged in farming and used in his farm operation;
(2) Livestock, ratite birds, and domestic fowl;
(3) Capital stock of savings and loan associations;
(4) Machinery actually engaged in manufacturing, products in the course of
manufacture, and raw material actually on hand at the plant for the purpose of
manufacture. The printing, publication, and distribution of a newspaper or operating
a job printing plant shall be deemed to be manufacturing;
(5) (a) Commercial radio, television, and telephonic equipment used to receive,
capture, produce, edit, enhance, modify, process, store, convey, or transmit
audio or video content or electronic signals which are broadcast over the air;
(b) Equipment directly used or associated with the equipment identified in
paragraph (a) of this subsection, including radio and television towers used to
transmit or facilitate the transmission of the signal broadcast, but excluding
telephone and cellular communications towers; and
(c) Equipment used to gather or transmit weather information;
(6) Unmanufactured agricultural products. They shall be exempt from taxation for state
purposes to the extent of the value, or amount, of any unpaid nonrecourse loans
thereon granted by the United States government or any agency thereof, and except
that cities and counties may each impose an ad valorem tax of not exceeding one
and one-half cents ($0.015) on each one hundred dollars ($100) of the fair cash
value of all unmanufactured tobacco and not exceeding four and one-half cents
($0.045) on each one hundred dollars ($100) of the fair cash value of all other
unmanufactured agricultural products, subject to taxation within their limits that are
not actually on hand at the plants of manufacturing concerns for the purpose of
manufacture, nor in the hands of the producer or any agent of the producer to whom
the products have been conveyed or assigned for the purpose of sale;
(7) All privately owned leasehold interest in industrial buildings, as defined under KRS
103.200, owned and financed by a tax-exempt governmental unit, or tax-exempt
statutory authority under the provisions of KRS Chapter 103, except that the rate
shall not apply to the proportion of value of the leasehold interest created through
any private financing;
(8) Property which has been certified as a pollution control facility as defined in KRS
224.01-300;
(9) Property which has been certified as an alcohol production facility as defined in
KRS 247.910;
(10) On and after January 1, 1977, the assessed value of unmined coal shall be included
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(12)
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(15)
(16)
(17)
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(19)
(20)
in the formula contained in KRS 132.590(9) in determining the amount of county
appropriation to the office of the property valuation administrator;
Tangible personal property located in a foreign trade zone established pursuant to
19 U.S.C. sec. 81, provided that the zone is activated in accordance with the
regulations of the United States Customs Service and the Foreign Trade Zones
Board;
Motor vehicles qualifying for permanent registration as historic motor vehicles
under the provisions of KRS 186.043. However, nothing herein shall be construed
to exempt historical motor vehicles from the usage tax imposed by KRS 138.460;
Property which has been certified as a fluidized bed energy production facility as
defined in KRS 211.390;
All motor vehicles held for sale in the inventory of a licensed motor vehicle dealer,
which are not currently titled and registered in Kentucky and are held on an
assignment pursuant to the provisions of KRS 186A.230, and all motor vehicles
with a salvage title held by an insurance company;
Machinery or equipment owned by a business, industry, or organization in order to
collect, source separate, compress, bale, shred, or otherwise handle waste materials
if the machinery or equipment is primarily used for recycling purposes as defined in
KRS 139.010;
New farm machinery and other equipment held in the retailer's inventory for sale
under a floor plan financing arrangement by a retailer, as defined under KRS
365.800;
New boats and new marine equipment held for retail sale under a floor plan
financing arrangement by a dealer registered under KRS 235.220;
Aircraft not used in the business of transporting persons or property for
compensation or hire if an exemption is approved by the county, city, school, or
other taxing district in which the aircraft has its taxable situs;
Federally documented vessels not used in the business of transporting persons or
property for compensation or hire or for other commercial purposes, if an
exemption is approved by the county, city, school, or other taxing district in which
the federally documented vessel has its taxable situs;
Any nonferrous metal that conforms to the quality, shape, and weight specifications
set by the New York Mercantile Exchange's special contract rules for metals, and
which is located or stored in a commodity warehouse and held on warrant, or for
which a written request has been made to a commodity warehouse to place it on
warrant, according to the rules and regulations of a trading facility. In this
subsection:
(a) "Commodity warehouse" means a warehouse, shipping plant, depository, or
other facility that has been designated or approved by a trading facility as a
regular delivery point for a commodity on contracts of sale for future delivery;
and
(b) "Trading facility" means a facility that is designated by or registered with the
federal Commodity Futures Trading Commission under 7 U.S.C. secs. 1 et
seq. "Trading facility" includes the Board of Trade of the City of Chicago, the
Chicago Mercantile Exchange, and the New York Mercantile Exchange;
(21) Qualifying voluntary environmental remediation property for a period of three (3)
years following the Energy and Environment Cabinet's issuance of a No Further
Action Letter or its equivalent, pursuant to the correction of the effect of all known
releases of hazardous substances, pollutants, contaminants, petroleum, or petroleum
products located on the property consistent with a corrective action plan approved
by the Energy and Environment Cabinet pursuant to KRS 224.01-400, 224.01-405,
or 224.60-135, and provided the cleanup was not financed through a public grant
program of the petroleum storage tank environmental assurance fund;
(22) Biotechnology products held in a warehouse for distribution by the manufacturer or
by an affiliate of the manufacturer. For the purposes of this section:
(a) "Biotechnology products" means those products that are applicable to the
prevention, treatment, or cure of a disease or condition of human beings and
that are produced using living organisms, materials derived from living
organisms, or cellular, subcellular, or molecular components of living
organisms. Biotechnology products does not include pharmaceutical products
which are produced from chemical compounds;
(b) "Warehouse" includes any establishment that is designed to house or store
biotechnology products, but does not include blood banks, plasma centers, or
other similar establishments; and
(c) "Affiliate" means an individual, partnership, or corporation that directly or
indirectly owns or controls, or is owned or controlled by, or is under common
ownership or control with, another individual, partnership, or corporation.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 98, effective July 15, 2010. -- Amended
2008 Ky. Acts ch. 81, sec. 1, effective July 15, 2008; and ch. 95, sec. 18, effective
August 1, 2008. -- Amended 2007 Ky. Acts ch. 100, sec. 3, effective June 26, 2007. - Amended 2005 Ky. Acts ch. 25, sec. 1, effective June 20, 2005; and ch. 168,
sec. 57, effective January 1, 2006. -- Amended 2002 Ky. Acts ch. 324, sec. 2,
effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 55, sec. 1, effective June 21,
2001. -- Amended 2000 Ky. Acts ch. 327, sec. 3, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 55, sec. 2, effective July 15, 1998; ch. 168, sec. 2, effective July
15, 1998; ch. 266, sec. 2, effective July 15, 1998; ch. 385, sec. 2 effective July 15,
1998; and ch. 600, sec. 9, effective April 14, 1998. -- Amended 1996 Ky. Acts
ch. 254, sec. 26, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 68, sec. 3,
effective July 15, 1994. – Amended 1992 Ky. Acts ch. 8, sec. 1, effective July 14,
1992; and ch. 338, sec. 22, effective July 14, 1992. -- Amended 1991 (1st Extra.
Sess.) Ky. Acts ch. 12, sec. 47, effective February 26, 1991. -- Amended 1990 Ky.
Acts ch. 106, sec. 3, effective July 13, 1990; ch. 461, sec. 2, effective July 13, 1990;
and ch. 476, Pt. V, sec. 323, effective July 13, 1990. -- Amended 1986 Ky. Acts
ch. 359, sec. 2, effective July 15, 1986; ch. 431, sec. 17, effective July 15, 1986; and
ch. 476, sec. 6, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 169, sec. 2,
effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 229, sec. 2, effective July 15,
1982. -- Amended 1980 Ky. Acts ch. 210, sec. 7, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 116, sec. 1, effective June 17, 1978; and ch. 404, sec. 2, effective
March 30, 1978. -- Amended 1976 Ky. Acts ch. 84, sec. 5, effective March 29, 1976.
-- Amended 1974 Ky. Acts ch. 137, sec. 5, effective June 21, 1974. -- Amended 1970
Ky. Acts ch. 185, sec. 1. -- Amended 1968 Ky. Acts ch. 152, sec. 103. -- Amended
1965 (1st Extra. Sess) Ky. Acts ch. 2, sec. 12. -- Amended 1954 Ky. Acts ch. 159,
sec. 1. -- Amended 1948 Ky. Acts ch. 207, sec. 1. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4019a-5, 4019a-10,
4019a-16.
Legislative Research Commission Note (6/8/2011). The Reviser of Statutes has
corrected a manifest clerical or typographical error in subsection (16) of this statute
by changing the citation at the end of that subsection from "KRS 139.010" to "KRS
365.800." This error occurred during the merger of amendments to this statute in
2008 Ky. Acts ch. 81, sec. 1, and ch. 95, sec. 18.
Legislative Research Commission Note (7/15/2008). 2008 Ky. Acts ch. 81, sec. 2,
provides that the amendments to this section in 2008 Ky. Acts ch. 81, sec. 1, apply to
assessments made on or after January 1, 2009.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts ch. 25, sec. 2,
provides that the amendments to subsection (22) of this section shall apply for tax
assessment dates on or after January 1, 2002.
Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 168, sec. 171,
provides that: "Sections 55 (KRS 132.020) and 57 (KRS 132.200) of this Act,
relating to property tax changes, take effect on January 1, 2006, except the changes
made to paragraph (c) of subsection (1) of Section 55, relating to the voluntary
environmental remediation credit, paragraph (a) of subsection (2) of Section 55, and
paragraph (a) of subsection (4) of Section 55 of this Act, relating to new property and
the state property assessment, and subsection (21) of Section 57 of this Act, which
shall take effect on the effective date of this Act and which shall apply to tax years
beginning on or after January 1, 2005."
Legislative Research Commission Note (6/21/2001). Under KRS 446.280, the words
"or leased to" have been restored to subsection (1) of this statute after the words
"owned by." The phrase was added to subsection (1) by 1986 Ky. Acts ch. 359,
sec. 2, but was inadvertently omitted from the drafting database. Because of this,
several subsequent acts amending this statute failed to include the phrase, and it
mistakenly was not included in some codifications of this statute, although it had not
been deleted by legislative action using the requisite brackets and strikethrough.
Legislative Research Commission Note (7/13/90). The two Acts amending this section
prevail over the repeal and reenactment in House Bill 940, Acts ch. 476, pursuant to
Section 653(1) of Acts ch. 476. The amending Acts do not appear to be in conflict
and have been compiled together.
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