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132.825 Listing of property required.
(1)
(2)
(3)
(4)
(5)
It shall be the duty of all persons providing communications services or
multichannel video programming services defined under KRS 136.602 owning
or having any interest in tangible personal property in this state to list or have
listed the property with the department between January 1 and May 15 in each
year reporting the full details, a correct description of the property and its value.
The department shall have sole power to value and assess all tangible
personal property of multichannel video programming service providers and
communications service providers. Such property shall be valued and
assessed in accordance with procedures established for locally assessed
tangible property. The department shall develop forms for reporting.
Providers of multichannel video programming services or communications
services shall not be required to list, and the department shall not assess
intangible property as defined in KRS 132.010.
It is the intent of KRS 136.600 to 136.660 to relieve communications service
providers and multichannel video programming service providers from the tax
liability imposed under KRS 136.120 by:
(a) Requiring real, tangible, and intangible property owned by
communications service providers and multichannel video programming
service providers to be assessed and taxed in the same manner as real,
tangible, and intangible property of all other taxpayers under KRS
Chapter 132 excluding KRS 132.030; and
(b) Replacing revenues received from communications service providers and
multichannel video programming service providers under KRS 136.120,
attributable to the franchise portion of operating property as defined in
KRS 136.115, with the levy imposed under KRS 136.616.
To the extent that any tangible or intangible property was considered a part of
the franchise portion of operating property under KRS 136.115 and 136.120 for
tax periods ending prior to January 1, 2006, for a communications service
provider or a multichannel video programming service provider, such property
shall be exempt from taxation under KRS Chapter 132 and shall not be listed,
valued or assessed under this section for tax periods beginning on or after
December 31, 2005.
It is also the intent of KRS 136.600 to 136.660 that for communications service
providers and multichannel video programming service providers the following
items, to the extent these items are intangible property, shall be exempt from
taxation under KRS Chapter 132 and shall not be listed, valued, or assessed
by the department or local jurisdictions. The items include but shall not be
limited to:
(a) Franchises;
(b) Certificates of public convenience and necessity;
(c) Licenses;
(d) Authorizations issued by the Federal Communications Commission or
any state public service commission;
(e) Customer lists;
(f) Assembled labor force;
(g) Goodwill;
(h) Managerial skills;
(i) Business enterprise value;
(j) Speculative value; and
(k) Any other type of personal property that is not tangible personal property.
(6) Any person dissatisfied with or aggrieved by the finding or ruling of the
department may appeal the finding or ruling in the manners provided in KRS
131.110.
(7) All persons in whose name property is assessed shall remain bound for the
tax, notwithstanding that they may have sold or parted with it.
(8) The department shall allocate the assessed value of property described in
subsection (1) of this section among the counties, cities, and taxing districts.
The assessed value shall be allocated to the county, city, or taxing district
where the property is situated.
(9) The department shall certify, unless otherwise specified, to the county clerk of
each county in which any of the property assessment listed by the corporation
is liable to local taxation, the amount of tangible personal property liable for
county, city, or district tax.
(10) No appeal shall delay the collection or payment of taxes based upon the
assessment in controversy. The taxpayer shall pay all state, county, and district
taxes due on the valuation that the taxpayer claims as the true value as stated
in the protest filed under KRS 131.110. When the valuation is finally
determined upon appeal, the taxpayer shall be billed for any additional tax and
interest at the tax interest rate as defined in KRS 131.010(6), from the date the
tax would have become due if no appeal had been taken. The provisions of
KRS 134.015(6) shall apply to the tax bill.
(11) The certification of valuation shall be filed by each county clerk in the clerk's
office and shall be certified by the county clerk to the proper collecting officer of
the county, city, or taxing district for collection. Any district that has the value
certified by the department shall pay an annual fee to the department that
represents an allocation of the department's operating and overhead expenses
incurred in generating the valuations. This fee shall be determined by the
department and shall apply to valuations for tax periods beginning on or after
January 1, 2005.
Effective:January 1, 2010
History: Amended 2009 Ky. Acts ch. 10, sec. 41, effective January 1, 2010. -Created 2005 Ky. Acts ch. 168, sec. 119, effective January 1, 2006.
Legislative Research Commission Note (1/01/2006). 2005 Ky. Acts chs. 11, 85,
95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory
references to agencies and officers whose names have been changed in 2005
legislation confirming the reorganization of the executive branch. Such a
correction has been made in this section.
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