State Codes and Statutes

Statutes > Kentucky > 141-00 > 065

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141.065 Credit allowed for hiring person classified as unemployed. (1) For the purposes of this section, &quot;code&quot; or &quot;Internal Revenue Code&quot; means the Internal Revenue Code in effect as of December 31, 1981. (2) There shall be allowed as a credit for any taxpayer against the tax imposed by KRS 141.020 or 141.040 and 141.0401 for any taxable year, with the ordering of the <br>credits as provided in KRS 141.0205, an amount equal to one hundred dollars <br>(&#36;100) for each person hired by the taxpayer, if that person has been classified as <br>unemployed by the Office of Employment and Training of the Department of <br>Workforce Investment in the Education and Workforce Development Cabinet and <br>has been so classified for at least sixty (60) days prior to his employment by the <br>taxpayer, and if further that person has remained in the employ of the taxpayer for at <br>least one hundred eighty (180) consecutive days during the taxable year in which <br>the taxpayer claims the credit. (3) No credit shall be allowed to any taxpayer for any person hired under any of the following circumstances: <br>(a) A person for whom the taxpayer receives federally funded payments for on-the-job training; (b) For any person who bears any of the relationships to the taxpayer described in paragraphs (1) through (8) of Section 152(a) of the Internal Revenue Code, or, <br>if the taxpayer is a corporation, to an individual who owns, directly or <br>indirectly, more than fifty percent (50%) in value of the outstanding stock of <br>the corporation as determined with the application of Section 267(c) of the <br>code; (c) If the taxpayer is an estate or trust, to any person who is a grantor, beneficiary, or fiduciary of the estate or trust, or is an individual who bears any of the <br>relationships described in paragraphs (1) through (8) of Section 152(a) of the <br>code to a grantor, beneficiary, or fiduciary of the estate or trust; or (d) To any person who is a dependent of the taxpayer as described in code Section 152(a)(9), or, if the taxpayer is an estate or trust, of a grantor, beneficiary, or <br>fiduciary of the estate or trust. (4) For purposes of this section, all employees of all corporations which are members of the same controlled group of corporations shall be treated as employed by a <br>single employer. In no instance shall the credit, if any, allowable by subsection (2) <br>of this section for any employee qualified thereunder be claimed more than once for <br>any taxable year by such a controlled group of corporations. For purposes of this <br>subsection, the term &quot;controlled group of corporations&quot; has the meaning given to <br>that term by code Section 1563(a), except that &quot;more than fifty percent (50%)&quot; shall <br>be substituted for &quot;at least eighty percent (80%)&quot; each place it appears in code <br>Section 1563(a)(1), and the determination shall be made without regard to <br>subsections (a)(4) and (e)(3)(c) of code Section 1563. (5) For purposes of this section, all employees of trades or businesses (whether or not incorporated) which are under common control shall be treated as employed by a <br>single employer, and in no instance shall the credit, if any, allowable by subsection (2) of this section for any employee qualified thereunder be claimed more than once <br>for any taxable year. (6) No credit shall be allowed under subsection (2) of this section to any organization which is exempt from income tax by this chapter. (7) In the case of a pass-through entity, the amount of the credit determined under this section for any taxable year shall be applied at the entity level against the limited <br>liability entity tax imposed by KRS 141.0401 and shall also be apportioned pro rata <br>among the members, partners, or shareholders of the limited liability entity on the <br>last day of the taxable year, and any person to whom an amount is so apportioned <br>shall be allowed, subject to code Section 53, a credit under subsection (2) of this <br>section for that amount. (8) In the case of an estate or trust, the amount of the credit determined under this section for any taxable year shall be apportioned between the estate or trust and the <br>beneficiaries on the basis of income of the estate or trust allocable to each, and any <br>beneficiary to whom any amount has been apportioned under this subsection shall <br>be allowed, subject to code Section 53, a credit under subsection (2) of this section <br>for that amount. (9) In no event shall the credit allowed, pursuant to this section, for any taxable year exceed the tax liability of the taxpayer for the taxable year. Effective: June 25, 2009 <br>History: Amended 2009 Ky. Acts ch. 11, sec. 11, effective June 25, 2009. -- Amended 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 17, effective June 28, 2006. -- Amended <br>2005 Ky. Acts ch. 99, sec. 117, effective June 20, 2005. -- Amended 2000 Ky. Acts <br>ch. 14, sec. 9, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 100, <br>effective July 15, 1998. -- Amended 1984 Ky. Acts ch. 111, secs. 79 and 177, <br>effective July 13, 1984. -- Created 1982 Ky. Acts ch. 431, sec. 1, effective July 15, <br>1982. Legislative Research Commission Note (6/28/2006). 2006 (1st Extra Sess.) Ky. Acts ch. 2, sec. 73, provides that &quot;unless a provision of this Act specifically applies to an <br>earlier tax year, the provisions of this Act shall apply to taxable years beginning on or <br>after January 1, 2007.&quot;

State Codes and Statutes

Statutes > Kentucky > 141-00 > 065

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141.065 Credit allowed for hiring person classified as unemployed. (1) For the purposes of this section, &quot;code&quot; or &quot;Internal Revenue Code&quot; means the Internal Revenue Code in effect as of December 31, 1981. (2) There shall be allowed as a credit for any taxpayer against the tax imposed by KRS 141.020 or 141.040 and 141.0401 for any taxable year, with the ordering of the <br>credits as provided in KRS 141.0205, an amount equal to one hundred dollars <br>(&#36;100) for each person hired by the taxpayer, if that person has been classified as <br>unemployed by the Office of Employment and Training of the Department of <br>Workforce Investment in the Education and Workforce Development Cabinet and <br>has been so classified for at least sixty (60) days prior to his employment by the <br>taxpayer, and if further that person has remained in the employ of the taxpayer for at <br>least one hundred eighty (180) consecutive days during the taxable year in which <br>the taxpayer claims the credit. (3) No credit shall be allowed to any taxpayer for any person hired under any of the following circumstances: <br>(a) A person for whom the taxpayer receives federally funded payments for on-the-job training; (b) For any person who bears any of the relationships to the taxpayer described in paragraphs (1) through (8) of Section 152(a) of the Internal Revenue Code, or, <br>if the taxpayer is a corporation, to an individual who owns, directly or <br>indirectly, more than fifty percent (50%) in value of the outstanding stock of <br>the corporation as determined with the application of Section 267(c) of the <br>code; (c) If the taxpayer is an estate or trust, to any person who is a grantor, beneficiary, or fiduciary of the estate or trust, or is an individual who bears any of the <br>relationships described in paragraphs (1) through (8) of Section 152(a) of the <br>code to a grantor, beneficiary, or fiduciary of the estate or trust; or (d) To any person who is a dependent of the taxpayer as described in code Section 152(a)(9), or, if the taxpayer is an estate or trust, of a grantor, beneficiary, or <br>fiduciary of the estate or trust. (4) For purposes of this section, all employees of all corporations which are members of the same controlled group of corporations shall be treated as employed by a <br>single employer. In no instance shall the credit, if any, allowable by subsection (2) <br>of this section for any employee qualified thereunder be claimed more than once for <br>any taxable year by such a controlled group of corporations. For purposes of this <br>subsection, the term &quot;controlled group of corporations&quot; has the meaning given to <br>that term by code Section 1563(a), except that &quot;more than fifty percent (50%)&quot; shall <br>be substituted for &quot;at least eighty percent (80%)&quot; each place it appears in code <br>Section 1563(a)(1), and the determination shall be made without regard to <br>subsections (a)(4) and (e)(3)(c) of code Section 1563. (5) For purposes of this section, all employees of trades or businesses (whether or not incorporated) which are under common control shall be treated as employed by a <br>single employer, and in no instance shall the credit, if any, allowable by subsection (2) of this section for any employee qualified thereunder be claimed more than once <br>for any taxable year. (6) No credit shall be allowed under subsection (2) of this section to any organization which is exempt from income tax by this chapter. (7) In the case of a pass-through entity, the amount of the credit determined under this section for any taxable year shall be applied at the entity level against the limited <br>liability entity tax imposed by KRS 141.0401 and shall also be apportioned pro rata <br>among the members, partners, or shareholders of the limited liability entity on the <br>last day of the taxable year, and any person to whom an amount is so apportioned <br>shall be allowed, subject to code Section 53, a credit under subsection (2) of this <br>section for that amount. (8) In the case of an estate or trust, the amount of the credit determined under this section for any taxable year shall be apportioned between the estate or trust and the <br>beneficiaries on the basis of income of the estate or trust allocable to each, and any <br>beneficiary to whom any amount has been apportioned under this subsection shall <br>be allowed, subject to code Section 53, a credit under subsection (2) of this section <br>for that amount. (9) In no event shall the credit allowed, pursuant to this section, for any taxable year exceed the tax liability of the taxpayer for the taxable year. Effective: June 25, 2009 <br>History: Amended 2009 Ky. Acts ch. 11, sec. 11, effective June 25, 2009. -- Amended 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 17, effective June 28, 2006. -- Amended <br>2005 Ky. Acts ch. 99, sec. 117, effective June 20, 2005. -- Amended 2000 Ky. Acts <br>ch. 14, sec. 9, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 100, <br>effective July 15, 1998. -- Amended 1984 Ky. Acts ch. 111, secs. 79 and 177, <br>effective July 13, 1984. -- Created 1982 Ky. Acts ch. 431, sec. 1, effective July 15, <br>1982. Legislative Research Commission Note (6/28/2006). 2006 (1st Extra Sess.) Ky. Acts ch. 2, sec. 73, provides that &quot;unless a provision of this Act specifically applies to an <br>earlier tax year, the provisions of this Act shall apply to taxable years beginning on or <br>after January 1, 2007.&quot;

State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 141-00 > 065

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141.065 Credit allowed for hiring person classified as unemployed. (1) For the purposes of this section, &quot;code&quot; or &quot;Internal Revenue Code&quot; means the Internal Revenue Code in effect as of December 31, 1981. (2) There shall be allowed as a credit for any taxpayer against the tax imposed by KRS 141.020 or 141.040 and 141.0401 for any taxable year, with the ordering of the <br>credits as provided in KRS 141.0205, an amount equal to one hundred dollars <br>(&#36;100) for each person hired by the taxpayer, if that person has been classified as <br>unemployed by the Office of Employment and Training of the Department of <br>Workforce Investment in the Education and Workforce Development Cabinet and <br>has been so classified for at least sixty (60) days prior to his employment by the <br>taxpayer, and if further that person has remained in the employ of the taxpayer for at <br>least one hundred eighty (180) consecutive days during the taxable year in which <br>the taxpayer claims the credit. (3) No credit shall be allowed to any taxpayer for any person hired under any of the following circumstances: <br>(a) A person for whom the taxpayer receives federally funded payments for on-the-job training; (b) For any person who bears any of the relationships to the taxpayer described in paragraphs (1) through (8) of Section 152(a) of the Internal Revenue Code, or, <br>if the taxpayer is a corporation, to an individual who owns, directly or <br>indirectly, more than fifty percent (50%) in value of the outstanding stock of <br>the corporation as determined with the application of Section 267(c) of the <br>code; (c) If the taxpayer is an estate or trust, to any person who is a grantor, beneficiary, or fiduciary of the estate or trust, or is an individual who bears any of the <br>relationships described in paragraphs (1) through (8) of Section 152(a) of the <br>code to a grantor, beneficiary, or fiduciary of the estate or trust; or (d) To any person who is a dependent of the taxpayer as described in code Section 152(a)(9), or, if the taxpayer is an estate or trust, of a grantor, beneficiary, or <br>fiduciary of the estate or trust. (4) For purposes of this section, all employees of all corporations which are members of the same controlled group of corporations shall be treated as employed by a <br>single employer. In no instance shall the credit, if any, allowable by subsection (2) <br>of this section for any employee qualified thereunder be claimed more than once for <br>any taxable year by such a controlled group of corporations. For purposes of this <br>subsection, the term &quot;controlled group of corporations&quot; has the meaning given to <br>that term by code Section 1563(a), except that &quot;more than fifty percent (50%)&quot; shall <br>be substituted for &quot;at least eighty percent (80%)&quot; each place it appears in code <br>Section 1563(a)(1), and the determination shall be made without regard to <br>subsections (a)(4) and (e)(3)(c) of code Section 1563. (5) For purposes of this section, all employees of trades or businesses (whether or not incorporated) which are under common control shall be treated as employed by a <br>single employer, and in no instance shall the credit, if any, allowable by subsection (2) of this section for any employee qualified thereunder be claimed more than once <br>for any taxable year. (6) No credit shall be allowed under subsection (2) of this section to any organization which is exempt from income tax by this chapter. (7) In the case of a pass-through entity, the amount of the credit determined under this section for any taxable year shall be applied at the entity level against the limited <br>liability entity tax imposed by KRS 141.0401 and shall also be apportioned pro rata <br>among the members, partners, or shareholders of the limited liability entity on the <br>last day of the taxable year, and any person to whom an amount is so apportioned <br>shall be allowed, subject to code Section 53, a credit under subsection (2) of this <br>section for that amount. (8) In the case of an estate or trust, the amount of the credit determined under this section for any taxable year shall be apportioned between the estate or trust and the <br>beneficiaries on the basis of income of the estate or trust allocable to each, and any <br>beneficiary to whom any amount has been apportioned under this subsection shall <br>be allowed, subject to code Section 53, a credit under subsection (2) of this section <br>for that amount. (9) In no event shall the credit allowed, pursuant to this section, for any taxable year exceed the tax liability of the taxpayer for the taxable year. Effective: June 25, 2009 <br>History: Amended 2009 Ky. Acts ch. 11, sec. 11, effective June 25, 2009. -- Amended 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 17, effective June 28, 2006. -- Amended <br>2005 Ky. Acts ch. 99, sec. 117, effective June 20, 2005. -- Amended 2000 Ky. Acts <br>ch. 14, sec. 9, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 100, <br>effective July 15, 1998. -- Amended 1984 Ky. Acts ch. 111, secs. 79 and 177, <br>effective July 13, 1984. -- Created 1982 Ky. Acts ch. 431, sec. 1, effective July 15, <br>1982. Legislative Research Commission Note (6/28/2006). 2006 (1st Extra Sess.) Ky. Acts ch. 2, sec. 73, provides that &quot;unless a provision of this Act specifically applies to an <br>earlier tax year, the provisions of this Act shall apply to taxable years beginning on or <br>after January 1, 2007.&quot;