Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
131.180, 138.450-138.470,
138.990
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
131.130(1) authorizes the
Department of Revenue to promulgate administrative regulations for the
administration of all tax laws.
KRS
138.4605(4) requires the
department to promulgate administrative regulations prescribing forms and
procedures to collect the tax due on loaner or rental motor vehicles. This
administrative regulation establishes those forms and procedures.
Section 1. Definitions.
(1) "AVIS" means the Automated Vehicle
Information System prescribed by KRS Chapter 186A.
(2) "Department" is defined by
KRS
131.010(2).
(3) "Due date" means the date by which a
report and payment of loaner or rental tax due is required to be submitted to
the department.
(4) "Eligible
taxpayer" means a motor vehicle dealer licensed under
KRS
190.010 who in the course of business loans
or rents designated motor vehicles exclusively to customers of their service or
repair components.
(5) "Loaner or
rental motor vehicle" is defined by
KRS
138.450(13).
(6) "Month" means a calendar month or any
portion of a calendar month.
Section
2. Reporting and Payment Requirements.
(1) Any eligible taxpayer who has vehicles
dedicated as loaner or rental motor vehicles shall:
(a) Register with the department utilizing
Revenue Form 73A054;
(b) Provide
the county clerk with their dealer number as issued by the Kentucky Motor
Vehicle Commission; and
(c) Provide
to the department a listing of all vehicles designated as loaner or rental
motor vehicles including the vehicle identification number, license plate
number, make, model, and model year.
(2) Any registered eligible taxpayer who
wishes to designate a vehicle as a loaner or rental motor vehicle shall advise
the county clerk of this designation when the vehicle is first registered or
transferred to the dealer. The county clerk shall enter the dealer number and
appropriate exception code, provided by the department, in the AVIS computer
system. The motor vehicle usage tax shall not be collected by the county clerk.
The taxpayer shall also notify the department of the addition of the vehicle to
the loaner or rental program when the next monthly report is
submitted.
(3) If a dealer
transfers a vehicle out of inventory to be used in the loaner or rental
program, the dealer shall notify the department of the transfer to the loaner
or rental program when the next monthly report is submitted.
(4) Any registered eligible taxpayer who has
vehicles identified to the department as loaner or rental motor vehicles shall
submit to the department on a monthly basis a report of the number of these
vehicles utilizing Revenue Form 73A055 and remit payment of twenty-five (25)
dollars per vehicle with the report, pursuant to
KRS
138.4605.
(5) The due date of the report and payment
shall be fifteen (15) calendar days after the last day of the reporting
month.
(6) Penalties provided in
KRS
131.180 and
138.990 shall apply to
any late report or payment.
Section
3. 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) A Kentucky Taxpayer Service Center,
Monday through Friday, 8 a.m. to 4:30 p.m.; or
(3) The department Web site at
http://revenue.ky.gov.
29 Ky.R. 1426;
1759; eff. 1-16-2003; TAm eff. 5-20-2009; TAm eff. 6-28-2016; 44 Ky.R. 782,
1211; eff. 1-5-2018; Crt eff. 8-7-2019.
STATUTORY AUTHORITY:
KRS
131.130(1),
138.4605(4)
