Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
139.010,
139.200,
139.533
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
131.130(1) requires the
Department of Revenue to promulgate administrative regulations necessary for
the administration and enforcement of all tax laws in Kentucky.
KRS
139.710 authorizes the department to
administer the provisions of KRS Chapter 139 relating to the assessment,
collection, refund, and administration of sales and use taxes.
KRS
139.533 establishes the sales tax rebate
provisions for sales of admissions to and sales of tangible personal property
at a governmental public facility. This administrative regulation establishes
the requirements and procedures to apply for the sales tax rebate created by
KRS
139.533.
Section
1. Definitions.
(1) "Effective
date" is defined by
KRS
139.533(1)(a).
(2) "Governmental entity" is defined by
KRS
139.533(1)(b).
(3) "Public facility" is defined in
KRS
139.533(1)(c).
Section 2. Registration Process.
(1) To determine eligibility for the sales
tax rebate under
KRS
139.533, the governmental entity shall submit
to the Department of Revenue a fully completed Governmental Public Facility
Sales Tax Rebate Registration, Form 51A400.
(2) The department shall notify the
qualifying governmental entity of the effective date for sales eligible for the
sales tax rebate according to the provisions of
KRS
139.533(1)(a) and
(3).
Section 3. Quarterly Rebate Application
Requirements.
(1) An approved governmental
entity shall file the following within the sixty (60) day timeframe as provided
for in
KRS
139.533(4):
(a) A fully completed Governmental Public
Facility Application for Sales Tax Rebate, Form 51A401; and
(b) A properly executed Vendor Assignment
Agreement for Sales at a Qualifying Public Facility, Form 51A402, for any
seller other than the qualifying governmental entity whose receipts are
included in the rebate request.
(2) To be considered valid, all applications
and other documents required shall be postmarked, electronically submitted or,
if delivered by messenger, hand-stamped by the department by the date
required.
(3) The department shall
pay the rebate amount determined due within the forty-five (45) day timeframe
as provided for in
KRS
139.533(5).
Section 4. Recordkeeping Requirements.
(1) The qualifying governmental entity shall
keep adequate and complete records supporting each rebate request for at least
four (4) years as provided for in
KRS
139.720.
(2) The department may audit part or all of
the records of all parties involved as necessary to verify the refund request
and to ensure compliance with
KRS
139.533.
Section 5. Forms. The forms listed herein may
be inspected, copied, or obtained, subject to applicable copyright law, at:
(1) The Kentucky Department of Revenue, 501
High Street, Frankfort, Kentucky 40620;
(2) At a Kentucky Taxpayer Service Center
during business hours; or
(3) On
the department website at
http://revenue.ky.gov.
STATUTORY AUTHORITY:
KRS
131.130(1),
139.710
