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141.305 Installment payments of estimated tax.
(1)
(2)
(3)
(4)
The estimated tax provided for in KRS 141.300 shall be paid as follows:
(a) If the declaration is filed on or before April 15 of the taxable year, the
estimated tax shall be paid in four (4) equal installments. The first
installment shall be paid at the time of the filing of the declaration, the
second and third on June 15 and September 15, respectively, of the
taxable year, and the fourth on January 15 of the succeeding taxable
year;
(b) If the declaration is filed after April 15 and not after June 15 of the taxable
year and is not required by subsection (3) of KRS 141.300 to be filed on
or before April 15 of the taxable year, the estimated tax shall be paid in
three (3) equal installments. The first installment shall be paid at the time
of the filing of the declaration, the second on September 15 of the taxable
year, and the third on January 15 of the succeeding taxable year;
(c) If the declaration is filed after June 15 and not after September 15 of the
taxable year and is not required by subsection (3) of KRS 141.300 to be
filed on or before June 15 of the taxable year, the estimated tax shall be
paid in two (2) equal installments. The first installment shall be paid at the
time of the filing of the declaration and the second on January 15 of the
succeeding taxable year;
(d) If the declaration is filed after September 15 of the taxable year, and is
not required by subsection (3) of KRS 141.300 to be filed on or before
September 15 of the taxable year, the declaration shall be filed and
estimated tax shall be paid on or before January 15 of the succeeding
taxable year;
(e) If the declaration is filed after the time prescribed in KRS 141.300,
including cases where extensions of time have been granted, paragraphs
(b), (c), and (d) of this subsection shall not apply, and there shall be paid
at the time of such filing all installments of estimated tax which would
have been payable on or before such time if the declaration has been
filed within the time prescribed in subsection (3) of KRS 141.300, and the
remaining installments shall be paid at the times at which, and in the
amounts in which, they would have been payable if the declaration had
been so filed. Provided, that payments required under this section for
purposes of the taxable year 1954 shall be limited to fifty percent (50%) of
the total estimated tax for 1954.
If any amendment of a declaration is filed, the remaining installments, if any,
shall be ratably increased or decreased as the case may be, to reflect the
respective increase or decrease in the estimated tax by reason of such
amendment, and if any amendment is made after September 15 of the taxable
year any increase in the estimated tax by reasons thereof shall be paid at the
time of making such amendment.
At the election of the individual, any installment of the estimated tax may be
paid prior to the date prescribed for its payment.
Payment of the estimated tax, or any installment thereof, shall be considered
payment on account of the tax for the taxable year. Assessment in respect of
(5)
(6)
(7)
the estimated tax shall be limited to the amount paid.
In the case of an individual whose estimated gross income from farming for the
taxable year is at least two-thirds (2/3) of the total estimated gross income from
all sources for the taxable year, in lieu of the time prescribed in subsection (3)
of KRS 141.300, the declaration for the taxable year may be made at any time
on or before January 15 of the succeeding taxable year; and if such an
individual files a return on or before March 1 of the succeeding taxable year,
and pays in full the amount computed on the return as payable, such return
shall have the same effect as that prescribed in subsection (5) of KRS 141.300
in the case of a return filed on or before January 31.
The application of this section and KRS 141.300 to taxable years of less than
twelve (12) months shall be as prescribed in administrative regulations
promulgated by the department.
In the application of this section and KRS 141.300 to taxpayers reporting
income on a fiscal year basis, there shall be substituted for the date specified
therein, the months corresponding thereto.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 494, effective June 20, 2005. -Amended 1992 Ky. Acts ch. 403, sec. 18, effective July 14, 1992. -- Amended
1990 Ky. Acts ch. 29, sec. 3, effective July 1, 1990. -- Amended 1978 Ky. Acts
ch. 233, sec. 12, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 155,
sec. 15. -- Amended 1972 Ky. Acts ch. 84, Pt. II, sec. 5. -- Created 1954 Ky.
Acts ch. 79, sec. 21, effective June 17, 1954.
Legislative Research Commission Note (7/13/90). The amendment to this
section made by House Bill 255, 1990 Ky. Acts ch. 29, was made effective for
taxable years beginning on or after July 1, 1990.
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