State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 131-00 > 010

Download pdf
Loading PDF...


131.010 Definitions for chapter. As used in this chapter, unless the context requires otherwise: <br>(1) &quot;Commissioner&quot; means the commissioner of revenue; <br>(2) &quot;Department&quot; means the Department of Revenue; <br>(3) &quot;Fiduciary&quot; means a guardian, trustee, executor, administrator, receiver, conservator, or any individual or corporation acting in a fiduciary capacity for any other person; (4) &quot;Taxpayer&quot; means any person required or permitted by law or administrative regulation to perform any act subject to the administrative jurisdiction of the department including the <br>following: <br>(a) File a report, return, statement, certification, claim, estimate, declaration, form, or other document; (b) Furnish any information; <br>(c) Withhold, collect, or pay any tax, installment, estimate, or other funds; <br>(d) Secure any license, permit, or other authorization to conduct a business or exercise any privilege, right, or responsibility; (5) &quot;Adjusted prime rate charged by banks&quot; means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the board of governors of the <br>Federal Reserve System; (6) &quot;Tax interest rate&quot; means the interest rate determined under KRS 131.183; <br>(7) &quot;Tax&quot; includes any assessment or license fee administered by the department; however, it shall not include moneys withheld or collected by the department pursuant to KRS 131.560 <br>or 160.627; (8) &quot;Return&quot; or &quot;report&quot; means any properly completed and, if required, signed form, statement, certification, claim estimate, declaration, or other document permitted or <br>required to be submitted or filed with the department, including returns and reports or <br>composites thereof which are permitted or required to be electronically transmitted; (9) &quot;Reasonable cause&quot; means an event, happening, or circumstance entirely beyond the knowledge or control of a taxpayer who has exercised due care and prudence in the filing of <br>a return or report or the payment of moneys due the department pursuant to law or <br>administrative regulation; (10) &quot;Fraud&quot; means: (a) Intentional or reckless disregard for the law, administrative regulations, or the department's established policies to evade the filing of any return, report, or the <br>payment of any moneys due to the department pursuant to law or administrative <br>regulation; or (b) The deliberate false reporting of returns or reports with the intent to gain a monetary advantage; (11) "Hard copy" means any document, record, report, or other data printed on paper or stored by an imaging system that does not permit additions, deletions, or other changes to the <br>original documents; (12) &quot;Electronic record&quot; means a collection of related information stored as bits of data in a medium that supports electronic extraction of the data at the field level, but does not <br>include electronic imaging systems; (13) &quot;Electronic imaging systems&quot; means a computer-based system used to store reproductions of documents and records through the use of electronic data processing, or computerized, <br>digital, or optical scanning which records and indexes the document, but does not support <br>electronic extraction of the data at the field level; (14) &quot;Electronic fund transfer&quot; means an electronic data processing medium that takes the place of a paper check for debiting or crediting an account and of which a permanent record is <br>made; and (15) &quot;Specified tax return preparer&quot; means the same as in 26 U.S.C. sec. 6011(e)(3). Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 147, sec. 1, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 85, sec. 107, effective June 20, 2005; and ch. 184, sec. 1, effective June 20, 2005. -- <br>Amended 1992 Ky. Acts ch. 403, sec. 1, effective July 14, 1992.-- Amended 1982 Ky. Acts <br>ch. 452, sec. 1, effective July 1, 1982 -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective <br>October 1, 1942, from Ky. Stat. sec. 4114h-1. Legislative Research Commission Note (6/20/2005). Under 2005 Ky. Acts ch. 184, sec. 18, changes in the names of agencies and officers that are made in bills confirming a <br>reorganization of the executive branch are to be codified only to the event those changes do <br>not conflict with other 2005 amendments. Accordingly, an amendment to this section in Acts <br>ch. 184 prevails over a name change made in Acts ch. 85. Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and <br>officers whose names have been changed in 2005 legislation confirming the reorganization of <br>the executive branch. Such a correction has been made in this section.