Enlarge image | COMMONWEALTH OF KENTUCKY DEPARTMENT OF REVENUE FRANKFORT, KENTUCKY 40620 73A801(P) 2016 KENTUCKY BANK FRANCHISE TAX FORMS AND INSTRUCTIONS Bank Franchise Tax Return (Form 73A801) Application for 90-Day Extension of Time to File (Form 73A802) Kentucky Registration Application for Bank Franchise Tax (Form 73A800) RTN (BANK FRANCHISE TAX ACCOUNT NUMBER) The routing and transit number (RTN) will be the financial institution's bank franchise tax account number. This number must be listed in the appropriate spaces on each applicable form. PURPOSE OF THE FORMS PACKET c. any corporation organized under the provisions of 12 U.S.C. secs. 611 to 631, in effect on December 31, 1997, This packet has been designed for financial institutions, exclusive of any amendments made subsequent to both domestic and foreign, which are required by law to that date, or any corporation organized after Decem- file the Bank Franchise Tax Return, Revenue Form 73A801. ber 31, 1997, that meets the requirements of 12 U.S.C. It contains the forms and schedules needed by most secs. 611 to 631, in effect on December 31, 1997; or financial institutions. d. any agency or branch of a foreign depository as WHO MUST FILE defined in 12 U.S.C. sec. 3101, in effect on December 31, 1997, exclusive of any amendments made Every financial institution regularly engaged in business subsequent to that date, or any agency or branch of in Kentucky at any time during the taxable year must a foreign depository established after December 31, file Form 73A801. A financial institution is presumed to 1997, that meets the requirements of 12 U.S.C. sec. be regularly engaging in business in Kentucky if during 3101 in effect on December 31, 1997. any taxable year it obtains or solicits business with 20 or more persons within Kentucky, or if receipts attributable Each financial institution engaging in business in to sources in Kentucky equal or exceed $100,000. Kentucky should obtain and complete a Kentucky Registration Application for Bank Franchise Tax, Form "Financial institution" means: 73A800. Copies of the application are available by accessing the Kentucky Department of Revenue’s Web a. a national bank organized as a body corporate and site at www.revenue.ky.gov, or by requesting a copy of existing or in the process of organizing as a national the form from the taxpayer service centers throughout bank association pursuant to the provisions of the Kentucky or from the Miscellaneous Tax Branch, National Bank Act, 12 U.S.C. sec. 21 et seq., in effect Department of Revenue, P.O. Box 1303, Frankfort, KY on December 31, 1997, exclusive of any amendments 40602-1303. made subsequent to that date; The bank franchise tax is in lieu of all city, county and b. any bank or trust company incorporated or organized local taxes, except the real estate transfer tax levied in under the laws of any state, except a banker’s bank KRS Chapter 142, real property and tangible personal organized under KRS 287.135; property taxes levied in KRS Chapter 132, the local |
Enlarge image | franchise tax levied in KRS 136.575 and taxes upon users The tax credit amount that may be claimed by an investor of utility services. Every financial institution regularly in any tax year shall not exceed 50 percent of the initial engaged in business in Kentucky will be subject to all aggregate credit amount approved by the authority for the state taxes except the corporation income tax levied in investment fund which would be proportionally available KRS Chapter 141 and the corporation license tax levied to the investor. Example: An investor with a 10 percent in KRS Chapter 136. investment in a fund which has been approved for a total credit to all investors of $400,000 would be limited Any financial institution subject to the annual franchise to $20,000 maximum credit in any given year ($400,000 tax that fails to file a return or that fails to pay the tax as x 10% x 50%). listed on the return shall not maintain an action, suit, or proceeding in any court or before any agency in Kentucky If the amount of credit that may be claimed in any tax year or enforce in any way any obligation of any debts until the exceeds the financial institution’s tax liability, the excess return is filed and the tax listed on the return is paid. credit may be carried forward, but the carry-forward of The president, vice president, secretary, treasurer or any any excess tax credit shall not increase the limitation that other person holding any equivalent corporate office of may be claimed in any tax year. Any credit not used in any financial institution subject to the bank franchise 15 years, including the year in which the credit may first tax will be personally and individually liable, jointly and be claimed, shall be lost. If you claim a credit forward, severally, in the event that the financial institution is un- attach a schedule explaining how the credit forward was able to make payment. Neither the corporate dissolution calculated. or withdrawal of the financial institution from Kentucky nor the cessation of holding any corporate office will dis- Information regarding the approval process for this charge the liability. The personal and individual liability credit may be obtained from the Cabinet for Economic will apply to each and every person holding a corporate Development, Department of Financial Incentives at (502) office at the time the taxes become or became due. No 564-4554. person will be personally and individually liable if that person did not have authority in the management of the KENTUCKY HISTORIC PRESERVATION TAX CREDIT—The business or financial affairs of the financial institution at 2005 Kentucky General Assembly created the Kentucky the time the taxes become or became due. Historic Preservation Tax Credit. This credit is available for buildings listed in the National Register of Historic ITEMS OF SPECIAL INTEREST Places or located within a historic district listed in the National Register and certified by the Kentucky Heritage INTERNAL REVENUE CODE REFERENCE DATE—Unless Council as contributing to the historic significance of the specified otherwise, references to the "Internal Revenue National Register district. This credit is administered by Code" for bank franchise tax purposes mean the Internal the Kentucky Heritage Council. To claim the credit, a copy Revenue Code (IRC) in effect on December 31, 2001, of the notification from the Kentucky Heritage Council exclusive of any amendments made subsequent to that reflecting the amount of credit granted and the year in date. which the credit may first be claimed must be attached to the return. AMENDED RETURNS—An amended bank franchise tax return may be filed by completing Form 73A801 and checking the box denoting Amended Return in the Per KRS 171.397(8), this credit may be transferred to a address section of the form. An amended return may financial institution that is subject to the Kentucky bank be necessary to correct Form 73A801 as originally filed franchise tax. Within 30 days of such a transfer, the or as later adjusted by an amended return, claim for Department of Revenue must be notified of the name, refund, etc. address, employer identification number, bank routing and transfer number of the party to which the credit is KENTUCKY INVESTMENT FUND ACT CREDIT—The transferred, and the amount of the transfer. Additional 2002 Kentucky General Assembly amended the Kentucky information may also be required at the Department of Investment Fund Act (KIFA) so that the KIFA tax credit Revenue’s request. may now be applied against the bank franchise tax. A financial institution that makes a cash contribution to an If the amount of credit that may be claimed in any tax investment fund approved by the Kentucky Economic year exceeds the financial institution’s tax liability, the Development Finance Authority (KEDFA) in accordance excess credit may be carried forward. Any credit not used with KRS 154.20-250 to 154.20-284 is entitled to a non- in seven years, including the year in which the credit may refundable credit equal to 40 percent of the investor’s first be claimed, shall be lost. If you claim a credit forward, proportional ownership share of all qualified investments attach a schedule explaining how the credit forward was made by its investment fund and verified by the authority. calculated. To claim the credit a copy of the notification from KEDFA reflecting the amount of credit granted and the year in Information regarding the approval process for this credit which the credit may first be claimed must be attached may be obtained from the Kentucky Heritage Council at to the return. (502) 564-7005. 2 |
Enlarge image | GENERAL INFORMATION ELECTRONIC FUNDS TRANSFER (EFT) REFUNDS—EFT refunds are available if payment is made by EFT. REQUIRED FORMS AND INFORMATION—Each financial institution must enter all applicable information on Form PENALTIES—Penalties are: 73A801 and Schedules A, A-1, A-2, A-3, A-4 and Schedule B. A financial institution whose business activity is taxable Failure to file a bank franchise tax return by the due date both within and without Kentucky must complete or the extended due date—2 percent of the tax due for Schedule C to apportion its net capital. each 30 days or fraction thereof that the return is late (maximum 20 percent). The minimum penalty is $10. If information for previous tax years 2015, 2014, 2013 and (KRS 131.180(1)) 2012 is the same as reported in prior years, then comple- tion of Schedules A-1 through A-4 is not required. Failure to pay bank franchise tax by the due date— 2 percent of the tax due for each 30 days or fraction thereof that the payment is overdue (maximum 20 percent). The RTN (BANK FRANCHISE TAX ACCOUNT minimum penalty is $10. (KRS 131.180(2)) NUMBER)—The bank franchise tax account num- ber is the bank routing and transit number (RTN). Failure or refusal to file a bank franchise tax return or Enter this number in the appropriate box at the top furnish information requested in writing—5 percent of of each form and schedule and on checks and cor- the tax assessed for each 30 days or fraction thereof that respondence. Also enter the federal identification the return is not filed or the information is not submit- number where requested. ted (maximum 50 percent). The minimum penalty is $25. (KRS 131.180(4)) SIGNATURE—Form 73A801 must be signed by an ✍ authorized officer of the financial institution. Fraud—50 percent of the tax assessed. (KRS 131.180(8)) SUBSTITUTE FORMS—Contact the Department of Negligence—10 percent of the tax assessed. (KRS Revenue by calling (502) 564-2198 for approval of all 131.180(7)) forms used in lieu of the official Kentucky bank franchise tax forms. Cost of Collection Fees—25 percent on all taxes which become final, due and owing. These collection fees are TAXABLE YEAR—"Taxable Year" means calendar year in addition to all other penalties provided by law. (KRS 1996 and every calendar year thereafter. 131.440) RETURN/PAYMENT DUE DATE—On or before March 15 Failure to complete forms properly may result in following each calendar year, a bank franchise tax denial of deductions and delays in the issuance of return for the preceding taxable any refunds. year must be filed and payment MARCH 2017 must be made with the Kentucky S M T W T F S 1 2 3 4 Department of Revenue. Mail 5 6 7 8 9 10 11 FORM 73A801—BANK FRANCHISE TAX RETURN the return with payment to 12 13 14 15 16 17 18 Kentucky Department of Revenue, 19 20 21 22 23 24 25 INSTRUCTIONS 26 27 28 29 30 31 P.O. Box 1303, Frankfort, Kentucky 40602-1303. Make DEFINITION OF NET CAPITAL your check payable to Kentucky State Treasurer. The value of net capital for each year is determined by: EXTENSION OF TIME TO FILE RETURN—The Kentucky 1. adding together the book value of: Department of Revenue will, upon receipt of Form 73A802, Application for Extension, on or prior to the due date of a. capital stock paid in; the return, grant an automatic extension of up to 90 days. An extension of time to file a return does not extend the b. surplus; time for payment of the bank franchise tax. In order to prevent the assessment of penalty, the payment must be c. undivided profits and capital reserves; postmarked by March 15 following each calendar year. d. other comprehensive income and equity capital A federal extension will not be accepted in lieu of components; and, Kentucky Form 73A802. e. noncontrolling (minority) interests in consolidated INTEREST—Interest at the "tax interest rate" is applied to subsidiaries. all bank franchise tax liabilities not paid by the original due date of the return. The computation period is from the (NOTE: Equity related to investment in subsidiaries original due date of the return to the date of payment. must be included in the above values.) 3 |
Enlarge image | 2. deducting from this total an amount equal to the same Issuing U.S. percentage of the total as the book value of United Authority Obligation States obligations and Kentucky obligations bears to the book value of the total assets of the financial 12. Federal Home Loan Mortgage Corporation No institution. (Freddie Mac) DEFINITION OF UNITED STATES AND KENTUCKY 13. Federal Housing Administration Yes OBLIGATIONS 14. Federal Intermediate Credit Banks Yes "United States obligations" means all obligations of the 15. Federal Land Banks United States exempt from taxation under 31 U.S.C. sec. 3124(a) or exempt under the United States Constitution a. Interest Yes or any federal statute, including the obligations of any b. Dividends from stock issued before 3-28-1942 Yes instrumentality or agency of the United States that are c. Dividends from stock issued on or after 3-28-1942 No exempt from state or local taxation under the United States Constitution or any statute of the United States. 16. Federal Land Bank Association Yes "Kentucky obligations" means all obligations of the 17. Federal Maritime Board and Maritime Commonwealth of Kentucky, its counties, municipalities, Administration Yes taxing districts and school districts, exempt from taxation 18. Federal National Mortgage Association No under the Kentucky Revised Statutes and the Constitution (Fannie Mae) of Kentucky. 19. Federal Reserve Banks The foregoing book values and deductions for United States obligations and Kentucky obligations shall be a. Interest Yes determined by the reports of condition for each quarter b. Dividends from stock issued before 3-28-1942 Yes filed in accordance with the requirements of the Board c. Dividends from stock issued on or after 3-28-1942 No of Governors of the Federal Reserve System, the Comptroller of the Currency, the Federal Deposit Insurance d. Stock Yes Corporation, or other applicable regulatory authority. 20. Federal Savings and Loan Association Please note: United States obligations and Kentucky obligations classified as Held-to-maturity shall be valued a. Dividends from stock issued before 3-28-1942 Yes at Amortized Cost and obligations classified as Available- b. Dividends from stock issued on or after 3-28-1942 No for-sale shall be valued at Fair Value. 21. Federal Savings and Loan Insurance Corporation Yes Securities which are merely "guaranteed" by the United 22. General Insurance Fund Yes States government are not United States obligations. The following list is provided to assist the bank in 23. Government National Mortgage Association No classifying United States obligations. This list is not an (Ginnie Mae) all-inclusive list. Obligations not listed may be referred to the Department of Revenue for a determination. 24. Guam Bonds Yes 25. Joint Stock Land Banks No Issuing U.S. 26. National Farm Loan Association Yes Authority Obligation 27. Panama Canal Bond Yes 1. Commodity Credit Corporation Yes 28. Production Credit Association or Corporation 2. Farm Credit Financial Assistance Corporation Yes a. Interest Yes 3. Farmers Home Administration No b. Dividends No 4. Farmers Home Corporation No 29. Puerto Rican Bonds Yes 5. Federal Credit Union Yes 30. Small Business Administration (SBA) No 6. Federal Deposit Insurance Company Yes 31. Student Loan Marketing Association Yes 7. Federal Farm Credit Banks Yes 32. Tennessee Valley Authority No 8. Federal Farm Loan Corporation Yes 33. U.S. Housing Authority Yes 9. Federal Financing Corporation Yes 34. U.S. Postal Service Bonds Yes 10. Federal Home Loan Banks Yes 35. U.S. Treasury Bonds Yes 11. Federal Home Loan Bank Stock Yes 36. Virgin Island Bonds Yes 4 |
Enlarge image | SCHEDULES A THROUGH A–4 AND SCHEDULE B— Line 12—Receipts from the lease or rental or sublease COMPUTATION OF NET CAPITAL of real property owned by the financial institution are included in the numerator if the property is located within INSTRUCTIONS Kentucky. To arrive at the total net capital for the taxable year, net Line 13—Receipts from the lease or rental of tangible per- capital is determined by adding the value determined for sonal property other than transportation property owned the current taxable year and the preceding four taxable by the financial institution are included in the numerator years and dividing the resulting sum by five. Schedule if the property is located within Kentucky when it is first A is used to compute net capital for the current year. placed in service by the lessee. Receipts from the lease or Schedules A-1, A-2, A-3 and A-4 are used to compute net rental of transportation property owned by the financial capital for the four preceding years. Schedule B is used institution are included in the numerator to the extent to compute the total net capital for the taxable year. that the property is used in Kentucky. If information for previous tax years 2015, 2014, 2013 Line 14—Interest and fees or penalties in the nature of and 2012 is the same as reported in prior years, interest from loans secured by real property are included then completion of Schedules A-1 through A-4 is in the numerator if the secured property is located within not required. Kentucky. If a financial institution has not been in existence for a Line 15—Interest and fees or penalties in the nature of period of five calendar years, net capital is determined interest from loans not secured by real property are by adding together the values determined for the included in the numerator if the borrower is located in number of calendar years the financial institution has Kentucky. been in existence and dividing the resulting sum by the number of years the financial institution has been in Line 16—Net gains from the sale of loans secured by real existence. A partial year is treated as a full year. property included in the numerator are determined by multiplying the net gains by a fraction, the numerator SCHEDULE C— of which is the amount of interest and fees or penalties APPORTIONMENT OF NET CAPITAL from loans secured by real property located in Kentucky and the denominator of which is the total amount of INSTRUCTIONS interest and fees or penalties from loans secured by real property. General Instructions—A financial institution whose business activity is taxable both within and without Net gains from the sale of loans not secured by real Kentucky must apportion its net capital in accordance property included in the numerator are determined by with KRS 136.525. The three-factor apportionment multiplying the net gains by a fraction, the numerator formula of receipts, property and payroll is substantially of which is the amount of interest and fees or penalties the same as the Multistate Tax Commission uniformity from loans not secured by real property from borrowers recommendation for financial institution apportionment. located in Kentucky and the denominator of which is the Each factor must be calculated by the method of accounting total amount of interest and fees or penalties from loans used by the financial institution for the taxable year. not secured by real property. A financial institution must use the above statutory Line 17—Interest and fees or penalties in the nature of apportionment formula unless the financial institution interest from credit card receivables and receipts from fees has been required or granted approval in writing by the charged to card holders are included in the numerator if Department of Revenue to use a method other than the the billing address of the card holder is in Kentucky. statutory formula provided in KRS 136.525. In this event, a copy of the letter from the department requiring or Line 18—Net gains from the sale of credit card receivables granting approval to use a method other than the statutory included in the numerator are determined by multiplying formula must be attached to the return when filed. the net gains by a fraction, the numerator of which is the amount of interest and fees or penalties in the nature of Computation of Apportionment Percentage interest from credit card receivables and receipts from fees charged to card holders located in Kentucky and the Part II—Receipts—The receipts factor is a fraction, the nu- denominator of which is the financial institution’s total merator of which is the receipts of the financial institution amount of interest and fees or penalties in the nature of in Kentucky during the taxable year and the denominator interest from credit card receivables and fees charged of which is the receipts of the financial institution within to card holders. and without Kentucky during the taxable year. Receipts included in the factor computation and included in the Line 19—Credit card issuer’s reimbursement fees to be numerator are outlined as follows: included in the numerator are determined by multiplying 5 |
Enlarge image | the amount of fees by a fraction, the numerator of which is Line 25—Receipts from services not otherwise the amount of interest and fees or penalties in the nature apportioned under this section are included in the of interest from credit card receivables and receipts from numerator if the service is performed in Kentucky. If the fees charged to card holders located in Kentucky and the service is performed both within and without Kentucky, denominator of which is the financial institution’s total the numerator of the receipts factor includes receipts from amount of interest and fees or penalties in the nature of services not otherwise apportioned under this section if interest from credit card receivables and fees charged a greater proportion of the income-producing activity is to card holders. performed in Kentucky based on cost of performance. Line 20—Receipts from merchant discounts are included in Throwback Rule—All receipts that would be assigned the numerator if the commercial domicile of the merchant to a state in which the financial institution is not taxable is in Kentucky. are included in the numerator of the receipts factor, if the financial institution’s commercial domicile is in Line 21—Loan servicing fees derived from loans secured Kentucky. by real property included in the numerator are determined by multiplying the amount of fees by a fraction, the Parts III and IV—Property—The property factor is a numerator of which is the interest and fees or penalties in fraction, the numerator of which is the average value the nature of interest from loans secured by real property of real property and tangible personal property rented located in Kentucky and the denominator of which is the to the financial institution that is located or used within total amount of interest and fees or penalties in the nature Kentucky during the taxable year, the average value of the of interest from loans secured by real property. financial institution’s real and tangible personal property owned that is located or used within Kentucky during Line 22—Loan servicing fees derived from loans not the taxable year, and the average value of the financial secured by real property included in the numerator institution’s loans and credit card receivables that are are determined by multiplying the amount of fees by a located within Kentucky during the taxable year, and the fraction, the numerator of which is the amount of interest denominator of which is the average value of all such and fees or penalties in the nature of interest from loans property located or used within and without Kentucky not secured by real property where the borrower is located during the taxable year. in Kentucky and the denominator of which is the total amount of interest and fees or penalties in the nature of The value of real property and tangible personal property interest from loans not secured by real property. owned by the financial institution is the original cost or other basis of property for federal income tax purposes Line 23—Interest, dividends, net gains, and other income without regard to depletion, depreciation or amortization. from investment assets and activities and from trading Loans and credit card receivables are valued at their out- assets and activities included in the numerator are standing principal balance, without regard to any reserve determined by multiplying the income by a fraction, the for bad debts. numerator of which is the average value of the assets assigned to a regular place of business of the financial The average value of property owned by the financial institution within Kentucky and the denominator of which institution is computed on an annual basis by adding is the average value of all the assets. In lieu of this fraction, the value of the property on the first day of the taxable the financial institution may elect or the Department of year and the value on the last day of the taxable year Revenue may require in order to fairly represent the and dividing the sum by two. The average value of real business activity of the financial institution, the use of property and tangible personal property that the financial an alternative fraction, the numerator of which is gross institution has rented from another and which is not income from assets and activities which are properly treated as property owned by the financial institution for assigned to a regular place of business of the financial federal income tax purposes is determined annually by institution within Kentucky and the denominator of which multiplying the gross rents payable during the taxable is gross income from all assets and activities. year by eight. Line 24—Sales of tangible personal property are in Real property and tangible personal property other than Kentucky if: transportation property owned by or rented to the financial institution is considered to be located within Kentucky if 1. the property is delivered or shipped to a purchaser, it is physically located, situated or used within Kentucky. other than the United States government, or to the Transportation property is included in the numerator of designee of the purchaser within Kentucky regardless the property factor to the extent that the property is used of the f.o.b. point or other conditions of the sale; or in Kentucky. If the extent of the use of any transportation property within Kentucky cannot be determined, then 2. the property is shipped from an office, store, the property is deemed to be used wholly in the state in warehouse, factory, or other place of storage in which the property has its principal base of operations. Kentucky and the purchaser is the United States A motor vehicle is deemed to be used wholly in the state government. in which it is registered. The extent to which an aircraft 6 |
Enlarge image | shall be deemed to be used in Kentucky and the amount of TAX RATE value that is to be included in the numerator of Kentucky’s property factor is determined by multiplying the average The bank franchise tax rate is 1.1 percent of net capital value of the aircraft by a fraction, the numerator of which after apportionment, if applicable. Each financial is the number of landings of the aircraft in Kentucky and institution regularly engaged in business in Kentucky the denominator of which is the total number of landings shall pay a minimum tax of $300 per year. of the aircraft everywhere. ACCOUNTING PROCEDURES—The book values of net A loan is considered to be located within Kentucky if it is capital and the deductions for United States obligations properly assigned to a regular place of business of the and Kentucky obligations for each year are determined financial institution within Kentucky. A loan is properly by the reports of condition for each quarter filed in assigned to the regular place of business with which it accordance with the requirement of the has a preponderance of substantive contacts. Credit card Board of Governors of the Federal Reserve receivables will be treated as loans and be subject to the System, the Comptroller of the Currency, the same provisions. A loan that has been properly assigned Federal Deposit Insurance Corporation, or to a state will remain assigned to that state for the length other applicable regulatory authority. Book values must of the original term of the loan. be calculated by averaging the quarterly book values as determined by the reports of condition. In the case Part I, Lines 7, 8 and 9—Payroll—The payroll factor is a of a financial institution which does not file reports of fraction, the numerator of which is the total amount paid condition, book values must be determined in accordance in Kentucky during the taxable year by the financial insti- with generally accepted accounting principles. tution for compensation and the denominator of which is the total compensation paid both within and without CHANGES IN IDENTITY OR FORM Kentucky during the taxable year. The com pensation of any employee for services or activities which are not A change in identity, form or place of organization of connected with business activities and payments made one financial institution will be treated as if a single to any independent contractor or any other person not financial institution had been in existence prior to as properly classified as an employee will be excluded from well as after the change. The combination of two or both the numerator and denominator of the factor. more financial institutions into one will be treated as if the constituent financial institutions had been a single Compensation is paid in Kentucky if any of the following financial institution in existence prior to as well as after tests is met: the combination and the book values and deductions for United States obligations a. The employee’s services are performed entirely within and Kentucky obligations from the reports of Kentucky. condition of the constituent institutions will be combined. A combination includes any b. The employee’s services are performed both within acquisition required to be counted for by the and without Kentucky, but the service performed surviving financial institution under the pooling of interest without Kentucky is incidental to the employee’s method in accordance with generally accepted accounting service within Kentucky. principles or a statutory merger or consolidation. c. If the employee’s services are performed both within The combination of one or more financial institutions and without Kentucky, the employee’s compensation and one or more savings and loan associations taxable will be attributed to Kentucky if: under KRS 136.300 into a single financial institution shall be treated for the taxable year in which the combination 1. the employee’s principal base of operation is occurs as if the single financial institution had been in within Kentucky; existence prior to as well as after the combination. To determine the book values and deductions for United 2. there is no principal base of operation in any state States and Kentucky obligations for the year of the in which some part of the services are performed, combination as well as the four preceding taxable years but the place from which the services are directed the reports of condition of the financial institution and or controlled is in Kentucky; or the reports to the federal regulatory agency for a savings and loan association which are the equivalent of the 3. the principal base of operation and the place from reports of condition of a financial institution must be which the services are directed or controlled are combined. not in any state in which some part of the service is performed but the employee’s residence is in The conversion of a savings and loan association taxable Kentucky. under KRS 136.300 into a financial institution shall be treated for the taxable year in which the conversion Complete Line 8 of Schedule C even if Line 7 is zero. occurs as if the savings and loan association had been a financial institution prior to as well as after the 7 |
Enlarge image | conversion. To determine the book values and deductions Corbin, 15100 North US25E, Suite 2, 40701-6188 for United States and Kentucky obligations for the year (606) 528-3322 of the conversion as well as the four preceding taxable years, the reports to the federal regulatory agency for a Frankfort, 501 High Street, 40601-2103 savings and loan association which are the equivalent (502) 564-4581 (Taxpayer Assistance) of the reports of condition of a financial institution must be used. Hopkinsville, 181 Hammond Drive, 42240-7926 (270) 889-6521 The savings and loan association shall not be relieved of the responsibilities of filing and paying tax under Louisville, 600 W. Cedar Street, 2nd Floor W., 40202-2310 KRS 136.300 for taxable years prior to the year of any (502) 595-4512 combination or conversion. Northern Kentucky, Turfway Ridge Office Park A financial institution resulting from a combination with 7310 Turfway Road, Suite 190 or conversion of a savings and loan association shall Florence, 41042-4871 receive a credit on the bank franchise tax return filed for (859) 371-9049 the year of the combination or conversion equal to the amount of tax paid under KRS 136.300 for the assessment Owensboro, 401 Frederica Street, date occurring within the taxable year during which the Building C, Suite 201, 42301-6295 combination or conversion takes place. (270) 687-7301 TAXPAYER ASSISTANCE Paducah, Clark Business Complex, Suite G 2928 Park Avenue, 42001-4024 Information and Forms: (270) 575-7148 Miscellaneous Tax Branch Pikeville, Uniplex Center Department of Revenue 126 Trivette Drive, Suite 203, 41501-1275 P.O. Box 1303 (606) 433-7675 Frankfort, KY 40602-1303 (502) 564-2198 (502) 564-3058 (Telecommunication Device for the Deaf) www.revenue.ky.gov (Internet) KENTUCKY TAXPAYER SERVICE CENTERS Information and forms are available from Kentucky Tax- payer Service Centers in the following cities. The Kentucky Department of Revenue does not Ashland, 1539 Greenup Avenue, 41101-7695 discriminate on the basis of race, color, national origin, (606) 920-2037 sex, age, religion, disability, sexual orientation, gender identity, veteran status, genetic information or ancestry in employment or the provision of services. Bowling Green, 201 West Professional Park Court 42104-3278 (270) 746-7470 Printing costs paid from state funds. 8 |
Enlarge image | 73A801 (1-17) FOR OFFICIAL USE ONLY Commonwealth of Kentucky DEPARTMENT OF REVENUE __ __ / __ __ __ __ __ __ __ __ __ / __ __ / __ __ __ __ 8 8 0 1 2 0 1 6 RTN Type Type Period Tax Return BANK FRANCHISE TAX RETURN FINANCIAL INSTITUTIONS For calendar year January 1, 2016, through December 31, 2016 Name RTN (Routing and Transit Number) _ _ /_ _ _ _ _ _ _ Mailing Address Federal Identification Number _ _ — _ _ _ _ _ _ _ City County State ZIP Code Check applicable box. Original Return Telephone Number E-mail ( ) Amended Return COMPUTATION OF BANK FRANCHISE TAX 1. Total net capital (from Schedule B, line 7) ....................................................................................... 2. Apportionment percentage (from Schedule C, line 11) (see instructions) .................................... 3. Taxable net capital (line 1 x line 2) ................................................................................................... 4. Tax liability (line 3 x .011 or $300, whichever is larger) .................................................................. 5. Kentucky Investment Fund Act Credit Kentucky Historic Preservation Credit ............ 6. Tax liability after credit (subtract line 5 from line 4) ....................................................................... 7. Adjustments ....................................................................................................................................... 8. Interest and penalty (see instructions) ............................................................................................ 9. Total liability (add lines 6, 7 and 8) ................................................................................................... 10. Amount paid with extension/original .............................................................................................. 11. Amount overpaid (If line 10 exceeds line 9, enter the difference here and complete line 13 or 14. If neither line 13 nor 14 is completed, amount will be credited to 2017.) ........................... 12. Credit from previous years ............................................................................................................... 13. Credit amount to 2017 bank franchise tax ....................................................................................... 14. Refund amount (If payment was originally made by electronic funds transfer (EFT), and you elect to receive a refund by EFT, check here and complete the EFT information on page 9.) .................................................................................................................... 15. Amount due (If line 9 exceeds line 10 + line 12, enter difference here.) ....................................... Signature of principal officer or chief accounting officer Date Name and Social Security or federal identification number of person or firm preparing return ➤ Make check payable to Kentucky State Treasurer and mail return with payment to: Print or type name of principal officer or chief accounting officer Kentucky Department of Revenue Mailing Address: P.O. Box 1303, Frankfort, KY 40602-1303 Overnight Address: 501 High Street, Frankfort, KY 40601-2103 Do you want to allow another person to discuss this return with the DOR (see instructions)? THIRD PARTY Designee's Phone DESIGNEE Name No. ä |
Enlarge image | 73A801 (2016) Page 2 Name RTN (Routing and Transit Number) SCHEDULE A PART I—Computation of Calendar Year 2016 Net Capital Date of Incorporation ➤ First Quarter Second Quarter Third Quarter Fourth Quarter 1. Capital stock paid in 2. Surplus 3. Undivided profits and capital reserves 4. Other comprehensive income and equity capital components 5. Noncontrolling (minority) interests in consolidated subsidaries 6. Totals of net capital PART II— Computation of Calendar Year 2016 Average Values of Net Capital, United States Obligations, Kentucky Obligations and Total Assets A B C D Period Totals of Net Capital U.S. Obligations Kentucky Total Assets (from line 6) Obligations 7. First quarter 8. Second quarter 9. Third quarter 10. Fourth quarter 11. Totals 12. Average values (divide line 11 by 4) PART III—Computation of Deduction for United States Obligations and Kentucky Obligations 13. Average value of net capital (from line 12, Column A) ................................................................... 14. Average value of United States obligations (from line 12, Column B) ......................................... 15. Average value of Kentucky obligations (from line 12, Column C) ................................................. 16. Total United States and Kentucky obligations (add lines 14 and 15) ............................................ 17. Average value of total assets (from line 12, Column D) ................................................................. 18. Divide line 16 by line 17 (carry to six places) .................................................................................. 19. Deduction for United States and Kentucky obligations (multiply line 13 by line 18)................... PART IV—Computation of Calendar Year 2016 Value 20. Value of calendar year 2016 net capital (subtract line 19 from line 13) (enter here and on Schedule B, line 1) ............................................................................................. |
Enlarge image | 73A801 (2016) Page 3 Name RTN (Routing and Transit Number) SCHEDULE A-1 PART I—Computation of Calendar Year 2015 Net Capital Date of Incorporation ➤ First Quarter Second Quarter Third Quarter Fourth Quarter 1. Capital stock paid in 2. Surplus 3. Undivided profits and capital reserves 4. Other comprehensive income and equity capital components 5. Noncontrolling (minority) interests in consolidated subsidaries 6. Totals of net capital PART II— Computation of Calendar Year 2015 Average Values of Net Capital, United States Obligations, Kentucky Obligations and Total Assets A B C D Period Totals of Net Capital U.S. Obligations Kentucky Total Assets (from line 6) Obligations 7. First quarter 8. Second quarter 9. Third quarter 10. Fourth quarter 11. Totals 12. Average values (divide line 11 by 4) PART III—Computation of Deduction for United States Obligations and Kentucky Obligations 13. Average value of net capital (from line 12, Column A) ................................................................... 14. Average value of United States obligations (from line 12, Column B) ......................................... 15. Average value of Kentucky obligations (from line 12, Column C) ................................................. 16. Total United States and Kentucky obligations (add lines 14 and 15) ............................................ 17. Average value of total assets (from line 12, Column D) ................................................................. 18. Divide line 16 by line 17 (carry to six places) .................................................................................. 19. Deduction for United States and Kentucky obligations (multiply line 13 by line 18)................... PART IV—Computation of Calendar Year 2015 Value 20. Value of calendar year 2015 net capital (subtract line 19 from line 13) (enter here and on Schedule B, line 2) ............................................................................................. |
Enlarge image | 73A801 (2016) Page 4 Name RTN (Routing and Transit Number) SCHEDULE A-2 PART I—Computation of Calendar Year 2014 Net Capital Date of Incorporation ➤ First Quarter Second Quarter Third Quarter Fourth Quarter 1. Capital stock paid in 2. Surplus 3. Undivided profits and capital reserves 4. Other comprehensive income and equity capital components 5. Noncontrolling (minority) interests in consolidated subsidaries 6. Totals of net capital PART II— Computation of Calendar Year 2014 Average Values of Net Capital, United States Obligations, Kentucky Obligations and Total Assets A B C D Period Totals of Net Capital U.S. Obligations Kentucky Total Assets (from line 6) Obligations 7. First quarter 8. Second quarter 9. Third quarter 10. Fourth quarter 11. Totals 12. Average values (divide line 11 by 4) PART III—Computation of Deduction for United States Obligations and Kentucky Obligations 13. Average value of net capital (from line 12, Column A) ................................................................... 14. Average value of United States obligations (from line 12, Column B) ......................................... 15. Average value of Kentucky obligations (from line 12, Column C) ................................................. 16. Total United States and Kentucky obligations (add lines 14 and 15) ............................................ 17. Average value of total assets (from line 12, Column D) ................................................................. 18. Divide line 16 by line 17 (carry to six places) .................................................................................. 19. Deduction for United States and Kentucky obligations (multiply line 13 by line 18)................... PART IV—Computation of Calendar Year 2014 Value 20. Value of calendar year 2014 net capital (subtract line 19 from line 13) (enter here and on Schedule B, line 3) ............................................................................................. |
Enlarge image | 73A801 (2016) Page 5 Name RTN (Routing and Transit Number) SCHEDULE A-3 PART I—Computation of Calendar Year 2013 Net Capital Date of Incorporation ➤ First Quarter Second Quarter Third Quarter Fourth Quarter 1. Capital stock paid in 2. Surplus 3. Undivided profits and capital reserves 4. Other comprehensive income and equity capital components 5. Noncontrolling (minority) interests in consolidated subsidaries 6. Totals of net capital PART II— Computation of Calendar Year 2013 Average Values of Net Capital, United States Obligations, Kentucky Obligations and Total Assets A B C D Period Totals of Net Capital U.S. Obligations Kentucky Total Assets (from line 6) Obligations 7. First quarter 8. Second quarter 9. Third quarter 10. Fourth quarter 11. Totals 12. Average values (divide line 11 by 4) PART III—Computation of Deduction for United States Obligations and Kentucky Obligations 13. Average value of net capital (from line 12, Column A) ................................................................... 14. Average value of United States obligations (from line 12, Column B) ......................................... 15. Average value of Kentucky obligations (from line 12, Column C) ................................................. 16. Total United States and Kentucky obligations (add lines 14 and 15) ............................................ 17. Average value of total assets (from line 12, Column D) ................................................................. 18. Divide line 16 by line 17 (carry to six places) .................................................................................. 19. Deduction for United States and Kentucky obligations (multiply line 13 by line 18)................... PART IV—Computation of Calendar Year 2013 Value 20. Value of calendar year 2013 net capital (subtract line 19 from line 13) (enter here and on Schedule B, line 4) ............................................................................................. |
Enlarge image | 73A801 (2016) Page 6 Name RTN (Routing and Transit Number) SCHEDULE A-4 PART I—Computation of Calendar Year 2012 Net Capital Date of Incorporation ➤ First Quarter Second Quarter Third Quarter Fourth Quarter 1. Capital stock paid in 2. Surplus 3. Undivided profits and capital reserves 4. Other comprehensive income and equity capital components 5. Noncontrolling (minority) interests in consolidated subsidaries 6. Totals of net capital PART II— Computation of Calendar Year 2012 Average Values of Net Capital, United States Obligations, Kentucky Obligations and Total Assets A B C D Period Totals of Net Capital U.S. Obligations Kentucky Total Assets (from line 6) Obligations 7. First quarter 8. Second quarter 9. Third quarter 10. Fourth quarter 11. Totals 12. Average values (divide line 11 by 4) PART III—Computation of Deduction for United States Obligations and Kentucky Obligations 13. Average value of net capital (from line 12, Column A) ................................................................... 14. Average value of United States obligations (from line 12, Column B) ......................................... 15. Average value of Kentucky obligations (from line 12, Column C) ................................................. 16. Total United States and Kentucky obligations (add lines 14 and 15) ............................................ 17. Average value of total assets (from line 12, Column D) ................................................................. 18. Divide line 16 by line 17 (carry to six places) .................................................................................. 19. Deduction for United States and Kentucky obligations (multiply line 13 by line 18)................... PART IV—Computation of Calendar Year 2012 Value 20. Value of calendar year 2012 net capital (subtract line 19 from line 13) (enter here and on Schedule B, line 5) ............................................................................................. |
Enlarge image | 73A801 (2016) Page 7 Name RTN (Routing and Transit Number) SCHEDULE B COMPUTATION OF TOTAL NET CAPITAL Values of net capital: 1. Calendar year 2016 (Schedule A, line 20) ........................................................................................ 2. Calendar year 2015 (Schedule A-1, line 20) ..................................................................................... 3. Calendar year 2014 (Schedule A-2, line 20) ..................................................................................... 4. Calendar year 2013 (Schedule A-3, line 20) ..................................................................................... 5. Calendar year 2012 (Schedule A-4, line 20) ..................................................................................... 6. Add lines 1 through 5 ........................................................................................................................ 7. Taxable amount of total net capital (line 6 divided by 5 or the number of years in existence if less than 5) (enter here and on page 1, line 1) ....................................................... SCHEDULE C (For financial institutions taxable both within and without Kentucky.) Part I—Computation of Apportionment Percentage 1. Kentucky receipts (from Schedule C, line 26, Column A) ................................ 2. Total receipts (from Schedule C, line 26, Column B) ....................................... 3. Receipts factor (line 1 divided by 2) (carry to four decimal places) ............................................................... % 4. Average value of Kentucky property (from Schedule C, line 34) .................... 5. Average value of total property (from Schedule C, line 42) ............................ 6. Property factor (line 4 divided by line 5) (carry to four decimal places) ........................................................ % 7. Kentucky payroll ................................................................................................. 8. Total payroll (complete this line even if line 7 is zero) ................................... 9. Payroll factor (line 7 divided by line 8) (carry to four decimal places) ........................................................... % 10. Total (lines 3, 6 and 9) ........................................................................................................................................ % 11. Apportionment percentage—line 10 divided by 3 or number of factors present (enter here and on page 1, line 2) (carry to four decimal places) ................................................................... % See Instructions |
Enlarge image | 73A801 (2016) Page 8 Name RTN (Routing and Transit Number) PART II—Receipts A B Kentucky Total 12. Receipts from lease or rental of real property ......................................................... 13. Receipts from lease or rental of tangible personal property .................................. 14. Interest from loans secured by real property ........................................................... 15. Interest from loans not secured by real property .................................................... 16. Net gains from the sale of loans ............................................................................... 17. Interest from credit card receivables and fees charged to card holders ............... 18. Net gains from sale of credit card receivables ......................................................... 19. Credit card issuer’s reimbursement fees .................................................................. 20. Receipts from merchant discount ............................................................................. 21. Loan servicing fees from loans secured by real property ....................................... 22. Loan servicing fees from loans not secured by real property ................................ 23. Interest, dividends, net gains, and other income from investment and trading assets and activities ............................................................................... 24. Receipts of sales of tangible personal property ...................................................... 25. Other receipts ............................................................................................................. 26. Totals (add lines 12 through 25) (enter here and on Schedule C, lines 1 and 2) ......................................................... PART III—Kentucky Property PART IV—Total Property A. Beginning B. End A. Beginning B. End PROPERTY of Year of Year PROPERTY of Year of Year 27. Loans and credit 35. Loans and credit card receivables ................. card receivables ................ 28. Premises and 36. Premises and fixed assets ........................ fixed assets ....................... 29. Other real 37. Other real estate owned...................... estate owned ..................... 30. Other real and tangible 38. Other real and tangible personal property .............. personal property ............. 31. Total 39. Total (lines 27 through 30) ......... (lines 35 through 38) ........ 32. Average value (total of 40. Average value (total of line 31, columns A line 39, columns A and B, divided by 2) .......... and B, divided by 2) .......... 33. Rented property 41. Rented property (eight times the gross (eight times the gross rents payable) .................... rents payable) ................... 34. Total (lines 32 and 33) 42. Total (lines 40 and 41) (enter on Schedule C, (enter on Schedule C, line 4) .................................. line 5) ................................. See Property Factor Instructions See Property Factor Instructions |
Enlarge image | 73A801 (2016) Page 9 Name RTN (Routing and Transit Number) COMBINED FINANCIAL INSTITUTIONS If the financial institution filed a 2015 Kentucky bank franchise tax return, identify financial institutions combined with the taxpayer during 2016, complete Schedules A through A-4, and submit a schedule disclosing amounts of net capital of the combined entities. If this return is the first Kentucky bank franchise tax return filed, identify financial institutions combined with the taxpayer during the last five tax years and the date combined. Submit a schedule disclosing amounts of net capital of combined entities included in Schedules A through A-4 attached (see instructions). RTN Name Date Combined (Routing and Transit Number) OFFICER INFORMATION Social Security Number Last Name First Name M.I. Address Telephone Number President or CEO - - ( ) Vice President - - ( ) Secretary - - ( ) Treasurer - - ( ) • For additional information or questions concerning the bank franchise tax, contact the Excise Tax Section at (502) 564-2198. • For information or questions concerning electronic funds transfer (EFT), contact the Electronic Commerce Group at 1-800-839-4137, (502) 564-6020 or online at revenue.ky.gov/TPS Banking Information (if EFT refund requested): Name of Bank Account Type Depositor Account Number (DAN) __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ Checking Savings Routing Transit Number (RTN) __ __ __ __ __ __ __ __ __ Other If different than current address, mail next year's return to: Name Telephone Number ( ) Address |
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Enlarge image | 73A802 (1-17) FOR OFFICIAL USE ONLY Commonwealth of Kentucky DEPARTMENT OF REVENUE __ __ / __ __ __ __ __ __ __ __ __ / __ __ / __ __ __ __ 8 8 0 4 2 0 1 6 RTN Type Type Period Tax Return APPLICATION FOR 90-DAY EXTENSION OF TIME TO FILE KENTUCKY BANK FRANCHISE TAX RETURN Name RTN (Routing and Transit Number) _ _ / _ _ _ _ _ _ _ Mailing Address Federal Identification Number _ _ —_ _ _ _ _ _ _ Telephone Number ( ) Print or Type City State ZIP Code Email 1. Tentative payment of bank franchise tax due (see instructions) .................................................. 2. If remitting payment by electronic funds transfer (EFT), check here and enter amount ........ ➤ Make check payable to Kentucky State Treasurer and mail extension request with payment to: Kentucky Department of Revenue Mailing Address: P. O. Box 1303, Frankfort, KY 40602-1303 Overnight Address: 501 High Street, Frankfort, KY 40601-2103 Telephone Number: (502) 564-2198 Extensions are granted in accordance with the provisions of Kentucky Revised Statute 136.545. Signature of Principal Officer or Chief Accounting Officer Signature of Preparer Other Than Taxpayer Type or Print Name of Principal Officer or Chief Accounting Officer Telephone Number Extension Date The 2016 Kentucky bank franchise tax return must be postmarked no later than March 15, 2017, unless an extension of time to file the return is submitted by that date. If a 90-day extension of time is requested, the 2016 Kentucky bank franchise tax return must be postmarked no later than June 13, 2017. An extension of time to file a return does not extend the time for payment of the tax due. |
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Enlarge image | 73A800 (1-17) Commonwealth of Kentucky KENTUCKY REGISTRATION APPLICATION FOR OFFICIAL USE ONLY DEPARTMENT OF REVENUE FOR BANK FRANCHISE TAX Is the financial institution subject to the Kentucky bank franchise tax? Yes No (See reverse.) Was the financial institution previously subject to the Kentucky bank shares tax? Yes No Reason for filing this application: Initial application Change in ownership Other MAILING ADDRESS FOR THE BANK FRANCHISE TAX RETURN Legal Business Name RTN (Routing and Transit Number) _ _ / _ _ _ _ _ _ _ Street Address Federal Identification Number _ _ — _ _ _ _ _ _ _ Post Office Box Number Telephone Number ( ) City State ZIP Code Email OFFICER INFORMATION (President or CEO, Vice President, Secretary, Treasurer, Other) Last Name First Name M.I. Title Social Security Number Print or Type Name of Person Preparing Application Title Telephone Number Address City State ZIP Code ➤ To register to pay the bank franchise tax by electronic funds transfer (EFT), contact the Electronic Commerce Group at 1-800-839-4137, (502) 564-6020 or online at revenue.ky.gov for an EFT application. ➤ IMPORTANT: APPLICATION MUST BE SIGNED BELOW BY AN OFFICER. The statements contained in this application and any accompanying schedules are hereby certified to be correct to the best knowledge and belief of the undersigned who is duly authorized to sign this application. Print or Type Name of Principal Officer or Chief Financial Officer Signature of Principal Officer or Chief Financial Officer Title Mail completed application to Kentucky Department of Revenue, P. O. Box 1303, Frankfort, Kentucky 40602-1303, or fax to Date (502) 564-3393. |
Enlarge image | WHO MUST FILE THE KENTUCKY BANK FRANCHISE TAX RETURN Every financial institution regularly engaged in business in Kentucky at any time during the taxable year must file a Kentucky Bank Franchise Tax Return, Form 73A801. A financial institution is presumed to be regularly engaging in business in Kentucky if during any taxable year it obtains or solicits business with 20 or more persons within Kentucky, or if receipts attributable to sources in Kentucky equal or exceed $100,000. "Financial institution" means: a. a national bank organized as a body corporate and existing or in the process of organizing as a national bank association pursuant to the provisions of the National Bank Act, 12 U.S.C. sec. 21 et seq., in effect on December 31, 1997, exclusive of any amendments made subsequent to that date; b. any bank or trust company incorporated or organized under the laws of any state, except a banker’s bank organized under KRS 287.135; c. any corporation organized under the provisions of 12 U.S.C. secs. 611 to 631, in effect on December 31, 1997, exclusive of any amendments made subsequent to that date, or any corporation organized after December 31, 1997, that meets the requirements of 12 U.S.C. secs. 611 to 631, in effect on December 31, 1997; or d. any agency or branch of a foreign depository as defined in 12 U.S.C. sec. 3101, in effect on December 31, 1997, exclusive of any amendments made subsequent to that date, or any agency or branch of a foreign depository established after December 31, 1997, that meets the requirements of 12 U.S.C. sec. 3101 in effect on December 31, 1997. The bank franchise tax is in lieu of all city, county and local taxes, except the real estate transfer tax levied in KRS Chapter 142, real property and tangible personal property taxes levied in KRS Chapter 132, the local franchise tax levied in KRS 136.575, and taxes upon users of utility services. Every financial institution regularly engaged in business in Kentucky will be subject to all state taxes except the corporation income tax levied in KRS Chapter 141 and the corporation license tax levied in KRS Chapter 136. Any financial institution subject to the Kentucky bank franchise tax that fails to file a return or that fails to pay the tax as listed on the return shall not maintain an action, suit or proceeding in any court or before any agency in Kentucky or enforce in any way any obligation of any debts until the return is filed and the tax listed on the return is paid. The president, vice president, secretary, treasurer or any other person holding any equivalent corporate office of any financial institution subject to the bank franchise tax will be personally and individually liable, jointly and severally, in the event that the financial institution is unable to make payment. Neither the corporate dissolution or withdrawal of the financial institution from Kentucky nor the cessation of holding any corporate office will discharge the liability. The personal and individual liability will apply to each and every person holding a corporate office at the time the taxes become or became due. No person will be personally and individually liable if that person did not have authority in the management of the business or financial affairs of the financial institution at the time the taxes become or became due. RTN (BANK FRANCHISE TAX ACCOUNT NUMBER) The routing and transit number (RTN) will be the financial institution's bank franchise tax account number. This number must be listed in the appropriate space on the reverse. |
Enlarge image | YOUR RIGHTS AS A KENTUCKY TAXPAYER As a Kentucky taxpayer, you have the right to expect the DOR Guarantee—You have the right to a guarantee that DOR to honor its mission and uphold your rights every time you employees are not paid, evaluated or promoted based on taxes contact or are contacted by the DOR. assessed or collected, or a tax assessment or collection quota or goal imposed or suggested. RIGHTS OF TAXPAYER Damages—You have the right to file a claim for actual and direct Privacy—You have the right to privacy of information provided monetary damages with the Kentucky Board of Claims if a DOR to the DOR. employee willfully, recklessly and intentionally disregards your rights as a Kentucky taxpayer. Assistance—You have the right to advice and assistance from the DOR in complying with state tax laws. Interest—You may have the right to receive interest on an overpayment of tax. Explanation—You have the right to a clear and concise explanation of: DEPARTMENT OF REVENUE RESPONSIBILITIES • basis of assessment of additional taxes, interest and penalties, or the denial or reduction of any refund or credit claim; The DOR has the responsibility to: • procedure for protest and appeal of a determination of the • perform audits, conduct conferences and hearings with you DOR; and at reasonable times and places; • authorize, require or conduct an investigation or surveillance • tax laws and changes in tax laws so that you can comply with of you only if it relates to a tax matter; the law. • make a written request for payment of delinquent taxes which Protest and Appeal—You have the right to protest and appeal a are due and payable at least 30 days prior to seizure and sale determination of the DOR if you disagree with an assessment of of your assets; tax or penalty, reduction or a denial of a refund, a revocation of • conduct educational and informational programs to help you a license or permit, or other determination made by the DOR. understand and comply with the laws; If you file a timely protest, you have a right to a conference to • publish clear and simple statements to explain tax procedures, discuss the matter. remedies, your rights and obligations, and the rights and obligations of the DOR; Representation—You have the right to representation by your authorized agent (attorney, accountant or other person) in any • notify you in writing when an erroneous lien or levy is released hearing or conference with the DOR. You have the right to be and, if requested, notify major credit reporting companies in informed of this right prior to the conference or hearing. If counties where lien was filed; you intend for your representative to attend the conference • advise you of procedures, remedies and your rights and or hearing in your place, you may be required to give your obligations with an original notice of audit or when an original representative a power of attorney before the DOR can discuss notice of tax due is issued, a refund or credit is denied or tax matters with your authorized agent. reduced, or whenever a license or permit is denied, revoked or canceled; Recordings—You have the right to make an audio recording of • notify you in writing prior to termination or modification of any meeting, conference, or hearing with the DOR. The DOR a payment agreement; has the right to make an audio recording, if you are notified in writing in advance or if you make a recording. You have the • furnish copies of the agent’s audit workpapers and a written right to receive a copy of the recording. narrative explaining the reason(s) for the assessment; • resolve tax controversies on a fair and equitable basis at the Consideration—You have the right to consideration of: administrative level whenever possible; • waiver of penalties or collection fees if “reasonable cause” for • notify you in writing at your last known address at least 60 reduction or waiver is given (“reasonable cause” is defined days prior to publishing your name on a list of delinquent in KRS 131.010(9) as: “an event, happening, or circumstance taxpayers for which a tax or judgment lien has been filed; entirely beyond the knowledge or control of a taxpayer who and has exercised due care and prudence in the filing of a return • notify you by certified mail 20 days prior to submitting name to or report or the payment of monies due the department the relevant agency for the revocation or denial of professional pursuant to law or administrative regulation”); license, driver’s license or motor vehicle registration. • installment payments of delinquent taxes, interest and penalties; * * * * * * * * * * * * * * • waiver of interest and penalties, but not taxes, resulting from incorrect written advice from the DOR if all facts were given This information merely summarizes your rights as a Kentucky and the law did not change or the courts did not issue a ruling taxpayer and the responsibilities of the Department of Revenue. to the contrary; The Kentucky Taxpayers’ Bill of Rights may be found in the Kentucky Revised Statutes (KRS) at Chapter 131.041—131.083. • extension of time for filing reports or returns; and Additional rights and responsibilities are provided for in KRS • payment of charges incurred resulting from an erroneous 131.020, 131.110, 131.170, 131.1817, 131.183, 131.190, 131.500, filing of a lien or levy by the DOR. 131.654, 133.120, 133.130, 134.580 and 134.590. |
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