2018 Kentucky Revised Statutes CHAPTER 91 - FINANCE AND REVENUE OF CITIES OF THE FIRST CLASS .260 Ad valorem taxes -- Taxes based on income, licenses and franchises -- Exemption of manufacturing establishments, including qualified data centers.
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91.260 Ad valorem taxes -- Taxes based on income, licenses and franchises -Exemption of manufacturing establishments, including qualified data centers.
(1)
(2)
(3)
Each city of the first class shall raise a revenue from ad valorem taxes and from
taxes based on income, licenses and franchises. The board of aldermen may each
year, by ordinance, levy an ad valorem tax on all real and personal property subject
to taxation for city purposes, at a rate within the limits prescribed in the
Constitution, and may provide for taxation, for city purposes, on personal property
based on income, licenses or franchises in lieu of an ad valorem tax thereon, but
may not omit the imposition of an ad valorem tax on the taxable personal property
of any steam, railroad, street railway, ferry, bridge, gas, water, heating, telephone,
telegraph, electric light or electric power company, and may not levy or collect an
income tax.
The board of aldermen shall provide for the collection of all taxes imposed under
this section.
(a) The board of aldermen may by ordinance exempt manufacturing
establishments, including qualified data centers, from city taxation for a
period not exceeding five (5) years, as an inducement to their location within
the city limits.
(b) As used in this subsection:
1.
"Data center" means a structure or portion of a structure that is
predominantly used to house and continuously operate computer servers
and associated telecommunications, electronic data processing or
storage, or other similar components;
2.
"Overall tier rating" means the overall tier rating of a data center
according to the TIA-942 Telecommunications Infrastructure Standard
for Data Centers established by the Telecommunications Industry
Association and published in April 2005, exclusive of any amendments
made subsequent to that date; and
3.
"Qualified data center" means a data center having an overall tier rating
of three (3) or four (4) on the assessment date of a given taxable year, as
established by the owner thereof.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 3, sec. 1, effective July 15, 2016. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2980,
2980a.
Legislative Research Commission Note (7/15/2016). 2016 Ky. Acts ch. 3, sec. 3
provided that amendments made to this statute in 2016 Ky. Acts ch. 3, sec. 1 apply
only to new manufacturing establishments that locate in an applicable city or urbancounty on or after July 15, 2016.
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