Kentucky Statutes 131.010 – Definitions for chapter
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As used in this chapter, unless the context requires otherwise: (1) “Commissioner” means the commissioner of revenue; (2) “Department” means the Department of Revenue;
(3) “Fiduciary” means a guardian, trustee, executor, administrator, receiver, conservator, or any individual or corporation acting in a fiduciary capacity for any other person;
(4) “Taxpayer” means any person required or permitted by law or administrative regulation to perform any act subject to the administrative jurisdiction of the department including the following:
(a) File a report, return, statement, certification, claim, estimate, declaration, form, or other document;
(b) Furnish any information;
(c) Withhold, collect, or pay any tax, installment, estimate, or other funds;
(d) Secure any license, permit, or other authorization to conduct a business or exercise any privilege, right, or responsibility;
(5) “Adjusted prime rate charged by banks” means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the board of governors of the Federal Reserve System;
(6) “Tax interest rate” means the interest rate determined under KRS § 131.183;
(7) “Tax” includes any assessment or license fee administered by the department; however, it shall not include moneys withheld or collected by the department pursuant to KRS § 131.560 or 160.627;
(8) “Return” or “report” means any properly completed and, if required, signed form, statement, certification, claim estimate, declaration, or other document permitted or required to be submitted or filed with the department, including returns and reports or composites thereof which are permitted or required to be electronically transmitted;
(9) “Reasonable cause” means an event, happening, or circumstance entirely beyond the knowledge or control of a taxpayer who has exercised due care and prudence in the filing of a return or report or the payment of moneys due the department pursuant to law or administrative regulation;
(10) “Fraud” means:
(a) Intentional or reckless disregard for the law, administrative regulations, or the department’s established policies to evade the filing of any return, report, or the payment of any moneys due to the department pursuant to law or administrative regulation; or
(b) The deliberate false reporting of returns or reports with the intent to gain a monetary advantage;
(11) “Hard copy” means any document, record, report, or other data printed on paper or stored by an imaging system that does not permit additions, deletions, or other
changes to the original documents;
(12) “Electronic record” means a collection of related information stored as bits of data in a medium that supports electronic extraction of the data at the field level, but does not include electronic imaging systems;
(13) “Electronic imaging systems” means a computer-based system used to store reproductions of documents and records through the use of electronic data processing, or computerized, digital, or optical scanning which records and indexes the document, but does not support electronic extraction of the data at the field level;
(14) “Electronic fund transfer” means an electronic data processing medium that takes the place of a paper check for debiting or crediting an account and of which a permanent record is made;
(15) “Specified tax return preparer” has the same meaning as in 26 U.S.C. sec.
6011(e)(3); and
(16) “Tax return preparer” has the same meaning as in 26 U.S.C. § 7701(a)(36)(A).
Effective: April 27, 2018
History: Amended 2018 Ky. Acts ch. 207, sec. 116, effective April 27, 2018. — Amended 2010 Ky. Acts ch. 147, sec. 1, effective July 15, 2010. — Amended 2005
Ky. Acts ch. 85, sec. 107, effective June 20, 2005; and ch. 184, sec. 1, effective June
20, 2005. — Amended 1992 Ky. Acts ch. 403, sec. 1, effective July 14, 1992.– Amended 1982 Ky. Acts ch. 452, sec. 1, effective July 1, 1982 — Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4114h-1.
Legislative Research Commission Note (6/20/2005). Under 2005 Ky. Acts ch. 184, sec. 18, changes in the names of agencies and officers that are made in bills confirming a reorganization of the executive branch are to be codified only to the extent those changes do not conflict with other 2005 amendments. Accordingly, an amendment to this section in Acts ch. 184 prevails over a name change made in Acts ch. 85.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.
(3) “Fiduciary” means a guardian, trustee, executor, administrator, receiver, conservator, or any individual or corporation acting in a fiduciary capacity for any other person;
Terms Used In Kentucky Statutes 131.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Commissioner: means the commissioner of revenue. See Kentucky Statutes 131.010
- Department: means the Department of Revenue. See Kentucky Statutes 131.010
- Electronic imaging systems: means a computer-based system used to store reproductions of documents and records through the use of electronic data processing, or computerized, digital, or optical scanning which records and indexes the document, but does not support electronic extraction of the data at the field level. See Kentucky Statutes 131.010
- Executor: A male person named in a will to carry out the decedent
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- report: means any properly completed and, if required, signed form, statement, certification, claim estimate, declaration, or other document permitted or required to be submitted or filed with the department, including returns and reports or composites thereof which are permitted or required to be electronically transmitted. See Kentucky Statutes 131.010
- Taxpayer: means any person required or permitted by law or administrative regulation to perform any act subject to the administrative jurisdiction of the department including the following:
(a) File a report, return, statement, certification, claim, estimate, declaration, form, or other document. See Kentucky Statutes 131.010 - Trustee: A person or institution holding and administering property in trust.
(4) “Taxpayer” means any person required or permitted by law or administrative regulation to perform any act subject to the administrative jurisdiction of the department including the following:
(a) File a report, return, statement, certification, claim, estimate, declaration, form, or other document;
(b) Furnish any information;
(c) Withhold, collect, or pay any tax, installment, estimate, or other funds;
(d) Secure any license, permit, or other authorization to conduct a business or exercise any privilege, right, or responsibility;
(5) “Adjusted prime rate charged by banks” means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the board of governors of the Federal Reserve System;
(6) “Tax interest rate” means the interest rate determined under KRS § 131.183;
(7) “Tax” includes any assessment or license fee administered by the department; however, it shall not include moneys withheld or collected by the department pursuant to KRS § 131.560 or 160.627;
(8) “Return” or “report” means any properly completed and, if required, signed form, statement, certification, claim estimate, declaration, or other document permitted or required to be submitted or filed with the department, including returns and reports or composites thereof which are permitted or required to be electronically transmitted;
(9) “Reasonable cause” means an event, happening, or circumstance entirely beyond the knowledge or control of a taxpayer who has exercised due care and prudence in the filing of a return or report or the payment of moneys due the department pursuant to law or administrative regulation;
(10) “Fraud” means:
(a) Intentional or reckless disregard for the law, administrative regulations, or the department’s established policies to evade the filing of any return, report, or the payment of any moneys due to the department pursuant to law or administrative regulation; or
(b) The deliberate false reporting of returns or reports with the intent to gain a monetary advantage;
(11) “Hard copy” means any document, record, report, or other data printed on paper or stored by an imaging system that does not permit additions, deletions, or other
changes to the original documents;
(12) “Electronic record” means a collection of related information stored as bits of data in a medium that supports electronic extraction of the data at the field level, but does not include electronic imaging systems;
(13) “Electronic imaging systems” means a computer-based system used to store reproductions of documents and records through the use of electronic data processing, or computerized, digital, or optical scanning which records and indexes the document, but does not support electronic extraction of the data at the field level;
(14) “Electronic fund transfer” means an electronic data processing medium that takes the place of a paper check for debiting or crediting an account and of which a permanent record is made;
(15) “Specified tax return preparer” has the same meaning as in 26 U.S.C. sec.
6011(e)(3); and
(16) “Tax return preparer” has the same meaning as in 26 U.S.C. § 7701(a)(36)(A).
Effective: April 27, 2018
History: Amended 2018 Ky. Acts ch. 207, sec. 116, effective April 27, 2018. — Amended 2010 Ky. Acts ch. 147, sec. 1, effective July 15, 2010. — Amended 2005
Ky. Acts ch. 85, sec. 107, effective June 20, 2005; and ch. 184, sec. 1, effective June
20, 2005. — Amended 1992 Ky. Acts ch. 403, sec. 1, effective July 14, 1992.– Amended 1982 Ky. Acts ch. 452, sec. 1, effective July 1, 1982 — Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4114h-1.
Legislative Research Commission Note (6/20/2005). Under 2005 Ky. Acts ch. 184, sec. 18, changes in the names of agencies and officers that are made in bills confirming a reorganization of the executive branch are to be codified only to the extent those changes do not conflict with other 2005 amendments. Accordingly, an amendment to this section in Acts ch. 184 prevails over a name change made in Acts ch. 85.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.