Kentucky Statutes 136.1877 – Application of section — Appeal from notice of tentative assessment — Effect of appeal on payment of taxes — Collection of state taxes — Aggregate local rate to be set annually — Distribution
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The provisions of this section shall apply to assessments made prior to January 1, 2007.
(1) The Department of Revenue shall immediately, after fixing the assessed value of the trucks, tractors, trailers, semitrailers, and buses, notify the taxpayer of the valuation determined. Any taxpayer who has been assessed by the department in the manner outlined in KRS § 136.1873 shall have sixty (60) days from the date of the department’s notice of the tentative assessment to protest as provided by KRS
131.110.
(2) No appeal shall delay the collection or payment of taxes based upon the assessment in controversy. The taxpayer shall pay all state, county, and district taxes due on the valuation which the taxpayer claims as the true value as stated in the protest filed under KRS § 131.110. When the valuation is finally determined upon appeal, the taxpayer shall be billed for any additional tax and interest at the tax interest rate as defined in KRS § 131.010(6), from the date the tax would have become due if no appeal had been taken. The provisions of KRS § 134.015(6) shall apply to the tax bill.
(3) The state and local taxes on the property are due sixty (60) days from the date of notice and shall be collected directly by the Department of Revenue.
(4) The Department of Revenue shall annually calculate an aggregate local rate to be used in determining the local taxes to be collected. The rate shall be the statewide average motor vehicle tax rate for each type of local taxing district multiplied by a fraction, the numerator of which is the commercial and industrial tangible personal property assessment subject to full local rates and the denominator of which is the total commercial and industrial tangible personal property assessment.
(5) The local taxes collected by the Department of Revenue shall be distributed to each local taxing district levying a tax on motor vehicles based on the statewide average rate for each type of local taxing district. However, prior to distribution any fees owed to the Department of Revenue by any local taxing district under the provisions of KRS § 136.180(5) shall be deducted.
Effective: April 27, 2018
History: Amended 2018 Ky. Acts ch. 171, sec. 112, effective April 14, 2018; and ch.
207, sec. 112, effective April 27, 2018. — Amended 2015 Ky. Acts ch. 67, sec. 5, effective June 24, 2015. — Amended 2009 Ky. Acts ch. 10, sec. 49, effective January
1, 2010. — Amended 2006 Ky. Acts ch. 252, Pt. XV, sec. 5, effective January 1,
2007. — Amended 2005 Ky. Acts ch. 85, sec. 316, effective June 20, 2005; and ch.
106, sec. 5, effective June 20, 2005. — Amended 1998 Ky. Acts ch. 391, sec. 4, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 391, sec. 8, effective July 14,
1992. — Created 1990 Ky. Acts ch. 437, sec. 3, effective July 13, 1990.
Legislative Research Commission Note (4/27/2018). This statute was amended by 2018
Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.
(1) The Department of Revenue shall immediately, after fixing the assessed value of the trucks, tractors, trailers, semitrailers, and buses, notify the taxpayer of the valuation determined. Any taxpayer who has been assessed by the department in the manner outlined in KRS § 136.1873 shall have sixty (60) days from the date of the department’s notice of the tentative assessment to protest as provided by KRS
Terms Used In Kentucky Statutes 136.1877
- 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.
- 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
- 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 136.010
- 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.
131.110.
(2) No appeal shall delay the collection or payment of taxes based upon the assessment in controversy. The taxpayer shall pay all state, county, and district taxes due on the valuation which the taxpayer claims as the true value as stated in the protest filed under KRS § 131.110. When the valuation is finally determined upon appeal, the taxpayer shall be billed for any additional tax and interest at the tax interest rate as defined in KRS § 131.010(6), from the date the tax would have become due if no appeal had been taken. The provisions of KRS § 134.015(6) shall apply to the tax bill.
(3) The state and local taxes on the property are due sixty (60) days from the date of notice and shall be collected directly by the Department of Revenue.
(4) The Department of Revenue shall annually calculate an aggregate local rate to be used in determining the local taxes to be collected. The rate shall be the statewide average motor vehicle tax rate for each type of local taxing district multiplied by a fraction, the numerator of which is the commercial and industrial tangible personal property assessment subject to full local rates and the denominator of which is the total commercial and industrial tangible personal property assessment.
(5) The local taxes collected by the Department of Revenue shall be distributed to each local taxing district levying a tax on motor vehicles based on the statewide average rate for each type of local taxing district. However, prior to distribution any fees owed to the Department of Revenue by any local taxing district under the provisions of KRS § 136.180(5) shall be deducted.
Effective: April 27, 2018
History: Amended 2018 Ky. Acts ch. 171, sec. 112, effective April 14, 2018; and ch.
207, sec. 112, effective April 27, 2018. — Amended 2015 Ky. Acts ch. 67, sec. 5, effective June 24, 2015. — Amended 2009 Ky. Acts ch. 10, sec. 49, effective January
1, 2010. — Amended 2006 Ky. Acts ch. 252, Pt. XV, sec. 5, effective January 1,
2007. — Amended 2005 Ky. Acts ch. 85, sec. 316, effective June 20, 2005; and ch.
106, sec. 5, effective June 20, 2005. — Amended 1998 Ky. Acts ch. 391, sec. 4, effective July 15, 1998. — Amended 1992 Ky. Acts ch. 391, sec. 8, effective July 14,
1992. — Created 1990 Ky. Acts ch. 437, sec. 3, effective July 13, 1990.
Legislative Research Commission Note (4/27/2018). This statute was amended by 2018
Ky. Acts chs. 171 and 207, which do not appear to be in conflict and have been codified together.