Kentucky Statutes 132.310 – Listing and assessment of omitted property — Notice — Appeal — Penalties
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(1) Any person who has failed to list for taxation any property omitted from assessment, except such as is subject to assessment by the Department of Revenue, may at any time list such property with the property valuation administrator. The property valuation administrator shall proceed to assess any omitted real property and shall within ten (10) days from the date the real property was listed notify the taxpayer of the amount of the assessment. The notice shall be given as provided in KRS § 132.450(4). The Department of Revenue shall assess any omitted personal property and provide notice to the taxpayer in the manner provided in KRS § 131.110.
(2) The property valuation administrator may at any time list and assess any real property which may have been omitted from the regular assessment. Immediately upon listing and assessing omitted real property, the property valuation administrator shall notify the taxpayer of the amount of the assessment. The notice shall be given as provided in KRS § 132.450(4). If the property valuation administrator fails to assess any omitted real property, the Department of Revenue may initiate assessment and collection procedures under the same provisions it uses for omitted personal property.
(3) The notice to the taxpayer required by subsections (1) and (2) of this section shall specify a date and time at which the county board of assessment appeals will hear the taxpayer’s protest of the omitted assessment. For purposes of hearing appeals from omitted assessments the county judge/executive shall notify the chairman of the board of assessment appeals of the date set for hearing and may authorize one (1) member of the board to hear the appeal and issue a ruling of his decision on the assessment, which shall be appealable, to the Board of Tax Appeals as provided by KRS § 49.220(3).
(4) Any property voluntarily listed as omitted property for taxation under this section shall be subject to penalties provided in KRS § 132.290(3). Omitted property listed for taxation under this section by the property valuation administrator shall be subject to the penalties provided in KRS § 132.290(4).
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 62, effective June 29, 2021. — Amended
2017 Ky. Acts ch. 74, sec. 68, effective June 29, 2017. — Amended 2005 Ky. Acts ch. 85, sec. 187, effective June 20, 2005. — Amended 1992 Ky. Acts ch. 391, sec. 2, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 303, sec. 3, effective July 15,
1988. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2,
1978. — Amended 1974 Ky. Acts ch. 326, sec. 13. — Amended 1964 Ky. Acts ch.
141, sec. 39. — Amended 1960 Ky. Acts ch. 186, Art. I, secs. 8 and 32. — Amended
1949 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 3. –Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4064-1.
(2) The property valuation administrator may at any time list and assess any real property which may have been omitted from the regular assessment. Immediately upon listing and assessing omitted real property, the property valuation administrator shall notify the taxpayer of the amount of the assessment. The notice shall be given as provided in KRS § 132.450(4). If the property valuation administrator fails to assess any omitted real property, the Department of Revenue may initiate assessment and collection procedures under the same provisions it uses for omitted personal property.
Terms Used In Kentucky Statutes 132.310
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- County: means any county, consolidated local government, urban-county government, unified local government, or charter county government. See Kentucky Statutes 132.010
- Department: means the Department of Revenue. See Kentucky Statutes 132.010
- Personal property: All property that is not real property.
- Personal property: includes every species and character of property, tangible and intangible, other than real property. See Kentucky Statutes 132.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: includes all lands within this state and improvements thereon. See Kentucky Statutes 132.010
- Taxpayer: means any person made liable by law to file a return or pay a tax. See Kentucky Statutes 132.010
(3) The notice to the taxpayer required by subsections (1) and (2) of this section shall specify a date and time at which the county board of assessment appeals will hear the taxpayer’s protest of the omitted assessment. For purposes of hearing appeals from omitted assessments the county judge/executive shall notify the chairman of the board of assessment appeals of the date set for hearing and may authorize one (1) member of the board to hear the appeal and issue a ruling of his decision on the assessment, which shall be appealable, to the Board of Tax Appeals as provided by KRS § 49.220(3).
(4) Any property voluntarily listed as omitted property for taxation under this section shall be subject to penalties provided in KRS § 132.290(3). Omitted property listed for taxation under this section by the property valuation administrator shall be subject to the penalties provided in KRS § 132.290(4).
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 62, effective June 29, 2021. — Amended
2017 Ky. Acts ch. 74, sec. 68, effective June 29, 2017. — Amended 2005 Ky. Acts ch. 85, sec. 187, effective June 20, 2005. — Amended 1992 Ky. Acts ch. 391, sec. 2, effective July 14, 1992. — Amended 1988 Ky. Acts ch. 303, sec. 3, effective July 15,
1988. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6, effective January 2,
1978. — Amended 1974 Ky. Acts ch. 326, sec. 13. — Amended 1964 Ky. Acts ch.
141, sec. 39. — Amended 1960 Ky. Acts ch. 186, Art. I, secs. 8 and 32. — Amended
1949 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 3. –Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4064-1.