Kentucky Statutes 139.531 – Application of taxes to horse industry
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(1) Notwithstanding any other provisions of this chapter to the contrary, the taxes imposed by this chapter shall apply to:
(a) Fees paid for breeding a stallion to a mare in this state;
(b) Sales of horses unless exempted under the provisions of subsections (2)(a) or
(2)(d) of this section; and
(c) The sales price of any horse claimed at any race meeting within this state.
(2) In addition to any other exemptions provided for the horse industry in this chapter, the taxes imposed under the provisions of this chapter shall not apply to the following activities:
(a) The sale or use of horses, or interests or shares in horses, provided the purchase or use is made for breeding purposes only;
(b) The use of a stallion for breeding purposes by an owner or shareholder of the stallion;
(c) The trading of stallion services by an owner or shareholder of the stallion;
(d) The sale of horses less than two (2) years of age at the time of sale, provided the sale is made to a nonresident of Kentucky. For the purposes of this section, a nonresident means a person as defined in KRS § 141.010 who is not a resident in this state as defined by KRS § 141.010 or who is not commercially domiciled in this state as defined in KRS § 141.901;
(e) The boarding and training of horses within this state; and
(f) The temporary use of horses within this state for purposes of racing, exhibiting, or performing.
Effective: April 27, 2018
History: Amended 2018 Ky. Acts ch. 171, sec. 75, effective April 14, 2018; and ch.
207, sec. 75, effective April 27, 2018. — Amended 2005 Ky. Acts ch. 168, sec. 132, effective June 1, 2005. — Created 1976 Ky. Acts ch. 155, sec. 29.
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.
(a) Fees paid for breeding a stallion to a mare in this state;
Terms Used In Kentucky Statutes 139.531
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Person: includes any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, cooperative, assignee, governmental unit or agency, or any other group or combination acting as a unit. See Kentucky Statutes 139.010
- Purchase: includes :
1. See Kentucky Statutes 139.010 - Sale: includes but is not limited to:
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.
- Use: includes the exercise of:
1. See Kentucky Statutes 139.010
(b) Sales of horses unless exempted under the provisions of subsections (2)(a) or
(2)(d) of this section; and
(c) The sales price of any horse claimed at any race meeting within this state.
(2) In addition to any other exemptions provided for the horse industry in this chapter, the taxes imposed under the provisions of this chapter shall not apply to the following activities:
(a) The sale or use of horses, or interests or shares in horses, provided the purchase or use is made for breeding purposes only;
(b) The use of a stallion for breeding purposes by an owner or shareholder of the stallion;
(c) The trading of stallion services by an owner or shareholder of the stallion;
(d) The sale of horses less than two (2) years of age at the time of sale, provided the sale is made to a nonresident of Kentucky. For the purposes of this section, a nonresident means a person as defined in KRS § 141.010 who is not a resident in this state as defined by KRS § 141.010 or who is not commercially domiciled in this state as defined in KRS § 141.901;
(e) The boarding and training of horses within this state; and
(f) The temporary use of horses within this state for purposes of racing, exhibiting, or performing.
Effective: April 27, 2018
History: Amended 2018 Ky. Acts ch. 171, sec. 75, effective April 14, 2018; and ch.
207, sec. 75, effective April 27, 2018. — Amended 2005 Ky. Acts ch. 168, sec. 132, effective June 1, 2005. — Created 1976 Ky. Acts ch. 155, sec. 29.
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.