Kentucky Statutes 134.805 – Clerk’s commission for collecting taxes — Notices of ad valorem taxes due on motor vehicles
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(1) The county clerk shall be allowed by the Department of Revenue, for collecting state ad valorem taxes on motor vehicles, a commission of four percent (4%) on state taxes collected.
(2) The county clerk shall be allowed by the county treasurer, for collecting county and special district ad valorem taxes on motor vehicles, a commission of four percent (4%) on county and special taxes collected.
(3) The county clerk shall be allowed a commission of four percent (4%) of the school district taxes collected.
(4) Effective January 1, 1985, the county clerk shall be allowed a commission of four percent (4%) of the city or urban-county government taxes collected.
(5) (a) For the convenience and benefit of the Commonwealth’s citizens and to maximize ad valorem tax collections, county clerks shall be responsible for causing the preparation and mailing of a notice of ad valorem taxes due to the January 1 owner, as defined in KRS § 186.010(7)(a) and (c), of each motor vehicle no later than forty-five (45) days prior to the ad valorem tax and registration renewal due date in each calendar year.
(b) When a vehicle is transferred in any year before the ad valorem taxes on that vehicle have been paid, a notice of taxes due shall be sent within ten (10) working days after the date of transfer or notice of transfer to the owner as of January 1 of that year.
(c) When ad valorem taxes on a vehicle become delinquent for sixty (60) days, as defined by KRS § 134.810, a second notice shall be sent within ten (10) working days to the January 1 owner of record. The notice shall inform the delinquent owner of the lien provisions provided by KRS § 134.810 on all vehicles owned or acquired by the owner of the vehicle at the time the tax liability arose.
(d) These notices shall be calculated, prepared, and mailed first class on behalf of county clerks by the AVIS. Nonreceipt of the notices required herein shall not constitute any defense against applicable penalty, interest, lien fees, or costs recovery.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 281, effective June 20, 2005. — Amended
2002 Ky. Acts ch. 316, sec. 2, effective July 15, 2002. — Amended 1996 Ky. Acts ch.
352, sec. 1, effective July 15, 1996. — Amended 1988 Ky. Acts ch. 113, sec. 5, effective December 31, 1988. — Amended 1984 Ky. Acts ch. 54, sec. 2, effective July 13, 1984. — Created 1982 Ky. Acts ch. 264, sec. 8, effective January 1, 1984.
Legislative Research Commission Note (7/15/2002). The amendments made to subsection (5) of this statute in 2002 Ky. Acts ch. 316, sec. 2, “shall apply for tax assessments made on or after January 1, 2003.” 2002 Ky. Acts. ch. 316, sec. 5.
(2) The county clerk shall be allowed by the county treasurer, for collecting county and special district ad valorem taxes on motor vehicles, a commission of four percent (4%) on county and special taxes collected.
Terms Used In Kentucky Statutes 134.805
- City: includes town. See Kentucky Statutes 446.010
- Department: means the Department of Revenue. See Kentucky Statutes 134.010
- Lien: A claim against real or personal property in satisfaction of a debt.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- Year: means calendar year. See Kentucky Statutes 446.010
(3) The county clerk shall be allowed a commission of four percent (4%) of the school district taxes collected.
(4) Effective January 1, 1985, the county clerk shall be allowed a commission of four percent (4%) of the city or urban-county government taxes collected.
(5) (a) For the convenience and benefit of the Commonwealth’s citizens and to maximize ad valorem tax collections, county clerks shall be responsible for causing the preparation and mailing of a notice of ad valorem taxes due to the January 1 owner, as defined in KRS § 186.010(7)(a) and (c), of each motor vehicle no later than forty-five (45) days prior to the ad valorem tax and registration renewal due date in each calendar year.
(b) When a vehicle is transferred in any year before the ad valorem taxes on that vehicle have been paid, a notice of taxes due shall be sent within ten (10) working days after the date of transfer or notice of transfer to the owner as of January 1 of that year.
(c) When ad valorem taxes on a vehicle become delinquent for sixty (60) days, as defined by KRS § 134.810, a second notice shall be sent within ten (10) working days to the January 1 owner of record. The notice shall inform the delinquent owner of the lien provisions provided by KRS § 134.810 on all vehicles owned or acquired by the owner of the vehicle at the time the tax liability arose.
(d) These notices shall be calculated, prepared, and mailed first class on behalf of county clerks by the AVIS. Nonreceipt of the notices required herein shall not constitute any defense against applicable penalty, interest, lien fees, or costs recovery.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 281, effective June 20, 2005. — Amended
2002 Ky. Acts ch. 316, sec. 2, effective July 15, 2002. — Amended 1996 Ky. Acts ch.
352, sec. 1, effective July 15, 1996. — Amended 1988 Ky. Acts ch. 113, sec. 5, effective December 31, 1988. — Amended 1984 Ky. Acts ch. 54, sec. 2, effective July 13, 1984. — Created 1982 Ky. Acts ch. 264, sec. 8, effective January 1, 1984.
Legislative Research Commission Note (7/15/2002). The amendments made to subsection (5) of this statute in 2002 Ky. Acts ch. 316, sec. 2, “shall apply for tax assessments made on or after January 1, 2003.” 2002 Ky. Acts. ch. 316, sec. 5.