Kentucky Statutes 304.99-085 – Penalties for violation of KRS 304.10-050, 304.10-170, and 304.10-180(1)
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(1) A broker that fails to file an affidavit as provided by KRS § 304.10-050 shall be liable for a penalty fee of one hundred dollars ($100).
(2) A broker that exhibits a pattern of failing to file affidavits as provided by KRS
304.10-050 shall be subject to a penalty fee not less than one thousand dollars ($1,000) or more than five thousand ($5,000), revocation of license, or both, unless it is shown to the satisfaction of the commissioner that the failure is due to reasonable cause.
(3) A broker that fails to file a quarterly statement as provided by KRS § 304.10-170 shall be liable for a penalty of five hundred dollars ($500).
(4) If any broker fails to remit the tax provided by KRS § 304.10-180(1), unless it is shown to the satisfaction of the commissioner that the failure is due to reasonable cause, five percent (5%) of the tax found to be due by the commissioner shall be added to the tax for each thirty (30) days or fraction thereof elapsing between the due date of the return and the date on which it was filed, but the total penalty shall not exceed twenty-five percent (25%) of the tax; provided, however, that in no case shall a penalty be less than five hundred dollars ($500).
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 180, sec. 6, effective July 14, 2018. — Amended
2012 Ky. Acts ch. 74, sec. 22, effective July 12, 2012. — Amended 2010 Ky. Acts ch.
24, sec. 1655, effective July 15, 2010. — Amended 1986 Ky. Acts ch. 331, sec. 46, effective July 15, 1986. — Created 1982 Ky. Acts ch. 123, sec. 13, effective July 15,
1982.
(2) A broker that exhibits a pattern of failing to file affidavits as provided by KRS
Terms Used In Kentucky Statutes 304.99-085
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
304.10-050 shall be subject to a penalty fee not less than one thousand dollars ($1,000) or more than five thousand ($5,000), revocation of license, or both, unless it is shown to the satisfaction of the commissioner that the failure is due to reasonable cause.
(3) A broker that fails to file a quarterly statement as provided by KRS § 304.10-170 shall be liable for a penalty of five hundred dollars ($500).
(4) If any broker fails to remit the tax provided by KRS § 304.10-180(1), unless it is shown to the satisfaction of the commissioner that the failure is due to reasonable cause, five percent (5%) of the tax found to be due by the commissioner shall be added to the tax for each thirty (30) days or fraction thereof elapsing between the due date of the return and the date on which it was filed, but the total penalty shall not exceed twenty-five percent (25%) of the tax; provided, however, that in no case shall a penalty be less than five hundred dollars ($500).
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 180, sec. 6, effective July 14, 2018. — Amended
2012 Ky. Acts ch. 74, sec. 22, effective July 12, 2012. — Amended 2010 Ky. Acts ch.
24, sec. 1655, effective July 15, 2010. — Amended 1986 Ky. Acts ch. 331, sec. 46, effective July 15, 1986. — Created 1982 Ky. Acts ch. 123, sec. 13, effective July 15,
1982.