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131.150 Jeopardy assessments.
(1)
(2)
(3)
(4)
When the Department of Revenue reasonably believes that any taxpayer has
withdrawn from the state or concealed his assets or a material part thereof so
as to hinder or evade the assessment or collection of taxes, or has desisted
from any taxable activity in the state, or has become domiciled elsewhere, or
has departed from this state with fraudulent intent to hinder or evade the
assessment or collection of taxes, or has done any other act tending to render
partly or wholly ineffective proceedings to assess or collect any such taxes, or
contemplates doing any of these acts in the immediate future, or that any tax
claim for any other reason is being endangered, such tax liability shall become
due and payable immediately upon assessment or determination of the amount
of taxes due, as authorized in this section.
Under any of the circumstances set out in subsection (1) of this section, the
department may make a tentative assessment or determination of the taxes
due, and may proceed immediately to bring garnishment, attachment or any
other legal proceedings to collect the taxes so assessed or determined to be
due. Notwithstanding the provisions of KRS 131.180(1), if the tax so assessed
is due to the failure of the taxpayer to file a required tax return a minimum
penalty of one hundred dollars ($100) shall be assessed unless the taxpayer
demonstrates that the failure to file was due to reasonable cause as defined in
KRS 131.010(9). This penalty shall be applicable whether or not any tax is
determined to be due on a subsequently filed return or if the subsequently filed
return results in a refund. No bond shall be required of the department in such
proceedings. The taxpayer may stay legal proceedings by filing a bond in an
amount sufficient in the opinion of the department to cover the taxes, penalties,
interest, and costs. If no legal proceedings have been instituted, the
department may require a bond adequate to cover all taxes, penalties, and
interest. On making bond, exception to the assessment or determination of tax
liability may be filed in the same manner and time as provided in KRS 131.110.
If no exceptions are filed to the tentative assessment or determination, it shall
become final.
The department may require any such taxpayer to file with it forthwith the
reports required by law or regulation, or any additional reports or other
information necessary to assess the property or determine the amount of tax
due.
If the department fails to exercise the authority conferred by this section, such
taxpayer shall report and pay all taxes due as otherwise provided by law.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 116, effective June 20, 2005. -Amended 2002 Ky. Acts ch. 366, sec. 13, effective January 1, 2003. -- Amended
1964 Ky. Acts ch. 141, sec. 39. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 4114h-9.
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