Kentucky Administrative Regulations
Title 103 - FINANCE AND ADMINISTRATION CABINET - DEPARTMENT OF REVENUE
Chapter 27 - Sales and Use Tax; Miscellaneous Retailer Occupations
Section 103 KAR 27:140 - Publishers of newspapers, magazines and periodicals
Universal Citation: 103 KY Admin Regs Service 27:140
Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 139.010
NECESSITY, FUNCTION, AND CONFORMITY: KRS 131.130(1) authorizes the Department of Revenue to promulgate administrative regulations for the assessment, collection, refunding, administration, and enforcement of Kentucky tax laws. This administrative regulation interprets the sales and use tax law as it applies to sales of newspapers, magazines and periodicals.
Section 1. Newspapers.
(1) Sales of newspapers by the publisher are
sales of tangible personal property or digital property. The tax applies to the
gross receipts of the publisher from such sales in all cases, unless the sale
is for delivery or access outside of this state.
(2) Newstands, drug stores, street vendors,
and other businesses selling to consumers are the retailers of newspapers sold
by them. Proceeds from the sale thereof shall be included in the gross receipts
of the retailer subject to the tax.
Section 2. Magazines and Periodicals.
(1) Sales of magazines, periodicals and all
publications other than newspapers, whether made "over the counter," or by
subscription, are subject to the sales or use tax. Subscription includes both
hard copies and digital editions.
(2) Receipts from subscriptions for
magazines, periodicals, and trade journals, taken within the state of Kentucky,
sent to a publication house outside of the state of Kentucky, and thereafter
mailed directly or transferred electronically to the subscriber within the
state of Kentucky, are subject to the sales tax. Where such publications are
printed within the state of Kentucky and sold subject to delivery, or
transferred electronically for access outside the state of Kentucky, such sales
would not be subject to the sales tax.
(3) Persons who distribute trade
publications, journals and the like free of charge to the reader thereof are
regarded as consumers of publications which they distribute.
SU-8; 1 Ky.R. 145; eff. 12-11-1974; TAm eff. 6-22-2016; 46 Ky.R. 69; eff. 10-4-2019.
STATUTORY AUTHORITY: KRS 131.130(1)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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