Kentucky Statutes 139.310 – Imposition of excise tax on storage, use, or other consumption
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(1) An excise tax is hereby imposed on the storage, use, or other consumption in this state of tangible personal property, digital property, and services listed under KRS
139.200(2)(p) to (ax) purchased for storage, use, or other consumption in this state at the rate of six percent (6%) of the sales price.
(2) The excise tax applies to the purchase of digital property regardless of whether: (a) The purchaser has the right to permanently use the goods;
(b) The purchaser’s right to access or retain the digital property is not permanent;
or
(c) The purchaser’s right of use is conditioned upon continued payment.
Effective: March 24, 2023
History: Amended 2023 Ky. Acts ch. 92, sec. 10, effective March 24, 2023. — Amended 2022 Ky. Acts ch. 212, sec. 6, effective January 1, 2023. — Amended 2018
Ky. Acts ch. 171, sec. 40, effective April 14, 2018; and ch. 207, sec. 40, effective April 27, 2018. — Amended 2009 Ky. Acts ch. 73, sec. 11, effective July 1, 2009. — Amended 1990 Ky. Acts ch. 476, Pt. VII A, sec. 619, effective July 1, 1990. — Amended 1968 Ky. Acts ch. 40, Part I, sec. 6. — Created 1960 Ky. Acts ch. 5, Art. 1, sec. 31.
Legislative Research Commission Note (3/24/2023). 2023 Ky. Acts ch. 92, sec. 57, provides that the amendments to this statute in that Act apply retroactively to January
1, 2023, and notwithstanding KRS § 131.183, interest shall not be allowed or paid on a refund related to those amendments.
Legislative Research Commission Note (4/27/2018). Pursuant to 2018 Ky. Acts ch.
207, sec. 152, the amendments made to this statute in that Act apply to transactions occurring on or after July 1, 2018.
139.200(2)(p) to (ax) purchased for storage, use, or other consumption in this state at the rate of six percent (6%) of the sales price.
Terms Used In Kentucky Statutes 139.310
- consumption: as used in this chapter , shall not include the sale, use, storage, or other consumption of:
(1) Locomotives or rolling stock, including materials for the construction, repair, or modification thereof, or fuel or supplies for the direct operation of locomotives and trains, used or to be used in interstate commerce. See Kentucky Statutes 139.480 - Personal property: All property that is not real property.
- Purchase: includes :
1. See Kentucky Statutes 139.010 - sales price: shall include consideration received by the retailer from a third party if:
1. See Kentucky Statutes 139.010 - 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.
- Storage: includes any keeping or retention in this state for any purpose except sale in the regular course of business or subsequent use solely outside this state of tangible personal property, digital property, or prewritten computer software access services purchased from a retailer. See Kentucky Statutes 139.010
- Use: includes the exercise of:
1. See Kentucky Statutes 139.010
(2) The excise tax applies to the purchase of digital property regardless of whether: (a) The purchaser has the right to permanently use the goods;
(b) The purchaser’s right to access or retain the digital property is not permanent;
or
(c) The purchaser’s right of use is conditioned upon continued payment.
Effective: March 24, 2023
History: Amended 2023 Ky. Acts ch. 92, sec. 10, effective March 24, 2023. — Amended 2022 Ky. Acts ch. 212, sec. 6, effective January 1, 2023. — Amended 2018
Ky. Acts ch. 171, sec. 40, effective April 14, 2018; and ch. 207, sec. 40, effective April 27, 2018. — Amended 2009 Ky. Acts ch. 73, sec. 11, effective July 1, 2009. — Amended 1990 Ky. Acts ch. 476, Pt. VII A, sec. 619, effective July 1, 1990. — Amended 1968 Ky. Acts ch. 40, Part I, sec. 6. — Created 1960 Ky. Acts ch. 5, Art. 1, sec. 31.
Legislative Research Commission Note (3/24/2023). 2023 Ky. Acts ch. 92, sec. 57, provides that the amendments to this statute in that Act apply retroactively to January
1, 2023, and notwithstanding KRS § 131.183, interest shall not be allowed or paid on a refund related to those amendments.
Legislative Research Commission Note (4/27/2018). Pursuant to 2018 Ky. Acts ch.
207, sec. 152, the amendments made to this statute in that Act apply to transactions occurring on or after July 1, 2018.