State Codes and Statutes

Statutes > Kentucky > 144-00 > 110

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144.110 Definitions for KRS 144.110 to 144.130. As used in KRS 144.110 to 144.130, unless the context requires otherwise: <br>(1) &quot;Air transportation facilities and related equipment&quot; means any facilities, improvements, or equipment located at an airport and used, directly or indirectly, by <br>the certificated air carrier or its customers in the carrier's business of transporting <br>persons or property for hire. It includes exclusive space leased or owned by the <br>certificated air carrier, common access areas, concession areas, aircraft ramps, <br>taxiways, roadways, and vehicles which are part of an intra-airport train, subway, or <br>automated fixed guideway transit system, but excludes any other ground vehicles <br>and aircraft. (2) &quot;Investment&quot; means all costs which, consistent with the fundamental project scope, the certificated air carrier, airport operator, or any bond trustee pays, commits to <br>pay, or incurs in any manner for the purchase or acquisition of additional air <br>transportation facilities for which construction was started after the base period, and <br>related equipment which was not located at an airport in this Commonwealth prior <br>to the base period. Included are costs directly related to the design, construction, <br>purchase, acquisition, lease, use, or financing of part or all of the additional air <br>transportation facilities and related equipment whether owned, leased, or used by <br>the carrier or its customers. Financing costs shall be limited to the principal amount <br>of bonds or other obligations, capitalized interest, and any related issuance costs and <br>expenses. The total investment shall not be offset or otherwise reduced if the <br>certificated air carrier or airport operator is or subsequently becomes eligible for any <br>reimbursement from either federal funds or other funds which may be available, <br>including funds generated directly or indirectly from passenger facility charges. <br>Likewise, any subsequent adjustment to the total investment provided in a carrier's <br>contractual obligation shall not adversely affect the amount of the investment if the <br>fundamental project scope is not reduced. (3) &quot;Annual period&quot; means the certificated air carrier's taxable year as provided in KRS 141.140. (4) &quot;Base period&quot; means the certificated air carrier's annual period ending in 1990. <br>(5) &quot;Contractually obligated&quot; or &quot;contractual obligation&quot; means having entered into a written agreement or commitment to make an investment in air transportation <br>facilities and related equipment in this state. (6) &quot;Gross Kentucky real wage base&quot; means the wages subject to Kentucky income tax and Kentucky income tax withholding pursuant to KRS Chapter 141, paid by a <br>certificated air carrier during the base period adjusted to reflect changes in the <br>United States Department of Labor's &quot;Employment Cost Index - Wages and <br>Salaries&quot; for the transportation industry or, at the option of the carrier and upon <br>verification by the Department of Revenue, the carrier's actual general wage <br>increases, through the end of the annual period for which tax credit is claimed <br>pursuant to KRS 144.125. (7) &quot;Nonqualifying employees&quot; means employees of the certificated air carrier whose employment with the carrier began after the base period; and (a) The employees perform essentially the same functions which, by contract or otherwise, were performed in this Commonwealth for the carrier by another <br>company at any time after the base period; or (b) Their employment continued in this Commonwealth as the result of the carrier's purchase, merger, or other acquisition of or combination with another <br>company. (8) &quot;Fundamental project scope&quot; means the total project consisting of the additional air transportation facilities and related equipment as reflected in the carrier's <br>application filed pursuant to KRS 144.130. It shall be measured by the carrier's <br>increased capacity. Measures of increased capacity may include such factors as <br>square footage, cost, employment, passenger or freight loadings or handling <br>capabilities, number of aircraft departures, and other factors related to the increased <br>investment. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 85, sec. 554, effective June 20, 2005. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 7, sec. 2, effective May 24, 1991.

State Codes and Statutes

Statutes > Kentucky > 144-00 > 110

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144.110 Definitions for KRS 144.110 to 144.130. As used in KRS 144.110 to 144.130, unless the context requires otherwise: <br>(1) &quot;Air transportation facilities and related equipment&quot; means any facilities, improvements, or equipment located at an airport and used, directly or indirectly, by <br>the certificated air carrier or its customers in the carrier's business of transporting <br>persons or property for hire. It includes exclusive space leased or owned by the <br>certificated air carrier, common access areas, concession areas, aircraft ramps, <br>taxiways, roadways, and vehicles which are part of an intra-airport train, subway, or <br>automated fixed guideway transit system, but excludes any other ground vehicles <br>and aircraft. (2) &quot;Investment&quot; means all costs which, consistent with the fundamental project scope, the certificated air carrier, airport operator, or any bond trustee pays, commits to <br>pay, or incurs in any manner for the purchase or acquisition of additional air <br>transportation facilities for which construction was started after the base period, and <br>related equipment which was not located at an airport in this Commonwealth prior <br>to the base period. Included are costs directly related to the design, construction, <br>purchase, acquisition, lease, use, or financing of part or all of the additional air <br>transportation facilities and related equipment whether owned, leased, or used by <br>the carrier or its customers. Financing costs shall be limited to the principal amount <br>of bonds or other obligations, capitalized interest, and any related issuance costs and <br>expenses. The total investment shall not be offset or otherwise reduced if the <br>certificated air carrier or airport operator is or subsequently becomes eligible for any <br>reimbursement from either federal funds or other funds which may be available, <br>including funds generated directly or indirectly from passenger facility charges. <br>Likewise, any subsequent adjustment to the total investment provided in a carrier's <br>contractual obligation shall not adversely affect the amount of the investment if the <br>fundamental project scope is not reduced. (3) &quot;Annual period&quot; means the certificated air carrier's taxable year as provided in KRS 141.140. (4) &quot;Base period&quot; means the certificated air carrier's annual period ending in 1990. <br>(5) &quot;Contractually obligated&quot; or &quot;contractual obligation&quot; means having entered into a written agreement or commitment to make an investment in air transportation <br>facilities and related equipment in this state. (6) &quot;Gross Kentucky real wage base&quot; means the wages subject to Kentucky income tax and Kentucky income tax withholding pursuant to KRS Chapter 141, paid by a <br>certificated air carrier during the base period adjusted to reflect changes in the <br>United States Department of Labor's &quot;Employment Cost Index - Wages and <br>Salaries&quot; for the transportation industry or, at the option of the carrier and upon <br>verification by the Department of Revenue, the carrier's actual general wage <br>increases, through the end of the annual period for which tax credit is claimed <br>pursuant to KRS 144.125. (7) &quot;Nonqualifying employees&quot; means employees of the certificated air carrier whose employment with the carrier began after the base period; and (a) The employees perform essentially the same functions which, by contract or otherwise, were performed in this Commonwealth for the carrier by another <br>company at any time after the base period; or (b) Their employment continued in this Commonwealth as the result of the carrier's purchase, merger, or other acquisition of or combination with another <br>company. (8) &quot;Fundamental project scope&quot; means the total project consisting of the additional air transportation facilities and related equipment as reflected in the carrier's <br>application filed pursuant to KRS 144.130. It shall be measured by the carrier's <br>increased capacity. Measures of increased capacity may include such factors as <br>square footage, cost, employment, passenger or freight loadings or handling <br>capabilities, number of aircraft departures, and other factors related to the increased <br>investment. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 85, sec. 554, effective June 20, 2005. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 7, sec. 2, effective May 24, 1991.

State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 144-00 > 110

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144.110 Definitions for KRS 144.110 to 144.130. As used in KRS 144.110 to 144.130, unless the context requires otherwise: <br>(1) &quot;Air transportation facilities and related equipment&quot; means any facilities, improvements, or equipment located at an airport and used, directly or indirectly, by <br>the certificated air carrier or its customers in the carrier's business of transporting <br>persons or property for hire. It includes exclusive space leased or owned by the <br>certificated air carrier, common access areas, concession areas, aircraft ramps, <br>taxiways, roadways, and vehicles which are part of an intra-airport train, subway, or <br>automated fixed guideway transit system, but excludes any other ground vehicles <br>and aircraft. (2) &quot;Investment&quot; means all costs which, consistent with the fundamental project scope, the certificated air carrier, airport operator, or any bond trustee pays, commits to <br>pay, or incurs in any manner for the purchase or acquisition of additional air <br>transportation facilities for which construction was started after the base period, and <br>related equipment which was not located at an airport in this Commonwealth prior <br>to the base period. Included are costs directly related to the design, construction, <br>purchase, acquisition, lease, use, or financing of part or all of the additional air <br>transportation facilities and related equipment whether owned, leased, or used by <br>the carrier or its customers. Financing costs shall be limited to the principal amount <br>of bonds or other obligations, capitalized interest, and any related issuance costs and <br>expenses. The total investment shall not be offset or otherwise reduced if the <br>certificated air carrier or airport operator is or subsequently becomes eligible for any <br>reimbursement from either federal funds or other funds which may be available, <br>including funds generated directly or indirectly from passenger facility charges. <br>Likewise, any subsequent adjustment to the total investment provided in a carrier's <br>contractual obligation shall not adversely affect the amount of the investment if the <br>fundamental project scope is not reduced. (3) &quot;Annual period&quot; means the certificated air carrier's taxable year as provided in KRS 141.140. (4) &quot;Base period&quot; means the certificated air carrier's annual period ending in 1990. <br>(5) &quot;Contractually obligated&quot; or &quot;contractual obligation&quot; means having entered into a written agreement or commitment to make an investment in air transportation <br>facilities and related equipment in this state. (6) &quot;Gross Kentucky real wage base&quot; means the wages subject to Kentucky income tax and Kentucky income tax withholding pursuant to KRS Chapter 141, paid by a <br>certificated air carrier during the base period adjusted to reflect changes in the <br>United States Department of Labor's &quot;Employment Cost Index - Wages and <br>Salaries&quot; for the transportation industry or, at the option of the carrier and upon <br>verification by the Department of Revenue, the carrier's actual general wage <br>increases, through the end of the annual period for which tax credit is claimed <br>pursuant to KRS 144.125. (7) &quot;Nonqualifying employees&quot; means employees of the certificated air carrier whose employment with the carrier began after the base period; and (a) The employees perform essentially the same functions which, by contract or otherwise, were performed in this Commonwealth for the carrier by another <br>company at any time after the base period; or (b) Their employment continued in this Commonwealth as the result of the carrier's purchase, merger, or other acquisition of or combination with another <br>company. (8) &quot;Fundamental project scope&quot; means the total project consisting of the additional air transportation facilities and related equipment as reflected in the carrier's <br>application filed pursuant to KRS 144.130. It shall be measured by the carrier's <br>increased capacity. Measures of increased capacity may include such factors as <br>square footage, cost, employment, passenger or freight loadings or handling <br>capabilities, number of aircraft departures, and other factors related to the increased <br>investment. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 85, sec. 554, effective June 20, 2005. -- Created 1991 (1st Extra. Sess.) Ky. Acts ch. 7, sec. 2, effective May 24, 1991.