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Kentucky General Assembly· HB 518signed by Governor (Acts Ch. 44)

An act relating to the collection of local business taxes and fees., the official text

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UNOFFICIAL COPY                                                      26 RS HB 518/GA

1   AN ACT relating to the collection of local business taxes and fees.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   Section 1. KRS 67.767 is amended to read as follows:

4 (1) (a) 1. The Secretary of State shall prescribe separate[a] standard [form or

5   ]forms, through promulgation of an administrative regulation in

6   accordance with KRS Chapter 13A, which [shall be accepted by all tax

7   districts and ]shall allow for:

8   a. A combined net profits and gross receipts occupational license

9                    taxes return or separate forms for a net profits occupational

10                   license tax return and a gross receipts occupational license tax

11                   return by all business entities; and

12  b. A payroll occupational license tax return, for returns of payroll

13                   taxes by all business entities[returns of net profits and gross

14                   receipts occupational license taxes by all business entities unless

15                   the tax district opts out from acceptance in accordance with

16                   subsection (2) of this section or is exempted under subsection (3)

17                   of this section].

18  2. For business entities to have the information necessary to ensure the

19  proper payment of the taxes to each tax district, the Secretary shall also

20  develop and update as necessary:

21  a. Instructions [or a set of instructions ]for business entities on the

22                   completion of the standard [form or ]forms; and

23  b. Fillable portable document format versions of each of the

24                   standardized forms developed pursuant to subparagraph 1. of

25                   this paragraph[so that business entities have the current

26                   information necessary to ensure the proper payment of the tax to

27                   each tax district].

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1   (b) The Secretary shall seek advice and comments on the development,

2   amendment, and maintenance of the [form or ]forms and instructions from an

3   advisory committee chaired by the Secretary, or his or her designee, that is

4   composed of:

5   1. One (1) member of the Secretary of State's staff;

6   2. Two (2) members submitted by the Kentucky League of Cities;

7   3. Two (2) members submitted by the Kentucky Association of Counties,

8   at least one (1) of which shall be a current elected county

9   judge/executive;

10  4. Two (2) members submitted by the Kentucky Society of Certified

11  Public Accountants;

12  5. One (1) member submitted by the Kentucky Association of County

13  Treasurers and Finance Officers;

14  6. One (1) member submitted by the Associated General Contractors of

15  Kentucky;

16  7. One (1) member submitted by the Kentucky Association of Master

17  Contractors;

18  8. One (1) member submitted by the National Federation of Independent

19  Business;

20  9. One (1) member submitted by the Associated Builders and Contractors

21  of Indiana/Kentucky;

22  10. Two (2) members submitted by the Kentucky Occupational License

23  Association; and

24  11. One (1) member submitted by the Kentucky School Boards

25  Association.

26  (c) The advisory committee shall:

27  1. Meet at the call of the chair;

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    UNOFFICIAL COPY                                           26 RS HB 518/GA

1   2. Convene before August 31, 2026, for the first meeting, and as

2   necessary thereafter;

3   3. Develop any new forms, returns, and instructions required in this

4   subsection before June 1, 2027; and

5   4. File the completed forms to the Legislative Research Committee for

6   referral to the Interim Joint Committee on Local Government by June

7   24, 2027.

8   (d) Within fourteen (14) days after the July 2027 Interim Joint Committee on

9   Local Government meeting, the Secretary of State shall submit a proposed

10  administrative regulation to the Legislative Research Committee in

11  accordance with KRS Chapter 13A, which includes the forms and electronic

12  links required in this subsection.

13  (e) This subsection shall not be interpreted to require the development or

14  adoption of a new form if the Secretary of the State determines that an

15  existing form satisfies the requirements of paragraph (a) of this subsection.

16  [a representative from the Kentucky Association of Counties, the Kentucky

17  League of Cities, the Kentucky Occupational License Association, the

18  Kentucky School Boards Association, the Kentucky Society of Certified

19  Public Accountants, urban-county governments, and consolidated local

20  governments, and a representative of business entities appointed by the

21  Secretary.

22  (c) During the development of the proposed initial form or forms, the Secretary

23  of State shall report in writing to the Interim Joint Committee on Local

24  Government on the progress of the development process. When the proposed

25  administrative regulation is filed with the Legislative Research Commission

26  pursuant to KRS Chapter 13A, the Secretary of State shall also submit a copy

27  thereof, via regular or electronic mail, to the members of the Interim Joint

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1   Committee on Local Government or, if during a session of the General

2   Assembly, to the members of the House Standing Committee on Local

3   Government and the Senate Standing Committee on State and Local

4   Government. The submission to the members shall include a note from the

5   Secretary of State stating that the members may submit any comments

6   regarding the proposed administrative regulation in accordance with the

7   deadline established in KRS 13A.270(1)(c).

8   (d) Notwithstanding KRS 13A.290(6)(a), after full review by the Administrative

9   Regulation Review Subcommittee, the Legislative Research Commission

10  shall assign the administrative regulation to the Interim Joint Committee on

11  Local Government for consideration or, if during a session of the General

12  Assembly, to the House Standing Committee on Local Government and the

13  Senate Standing Committee on State and Local Government.]

14  (f)[(e)] Once the standard[ form or] forms are adopted or amended, the

15  Secretary of State shall include the[ form or] forms, instructions, electronic

16  links to the fillable portable document format versions of the forms, and any

17  updates on the one-stop business portal or another public website maintained

18  by that office, along with information submitted to the Secretary of State

19  pursuant to subsection (2) or (3) of this section. The[ form or] forms and

20  instructions shall be updated and maintained by the Secretary of State at no

21  cost to the tax districts. A[No] fee shall not be levied against the public or

22  businesses for accessing and downloading forms, instructions, or other

23  information maintained by the Secretary of State under this section.

24 (2) After the[ form or] forms are adopted under subsection (1) of this section but prior

25  to July 1, 2029[July 1, 2017], a tax district shall:

26  (a) [may ]Adopt the standard[ form or] forms as its exclusive electronic return[

27  form or] forms;[,]

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1   (b) [may ]Accept the standard[ form or] forms electronically in addition to the tax

2   district's own return form or forms; or

3   (c) 1. Opt out from adopting or using the forms in paragraphs (a) and (b) of

4   this subsection if it has:

5   a. An online filing and payment system in use on or before January

6                    1, 2025; or

7   b. Entered into a binding contract for the implementation of an

8                    online filing and payment system on or before July 1, 2026.

9   2. If a tax district opts out under subparagraph 1. of this paragraph, in

10  addition to providing online access to the electronic filing and

11  payment system it uses on its own website that permits the electronic

12  submission of forms and the electronic remittance of payments, and in

13  order to maintain its exemption, it shall provide:

14  a. An electronic link to access its online filing and payment

15                   system[, or may elect to opt out of accepting the standard form or

16                   forms through adoption of a written order by the tax district's

17                   governing body. If a tax district elects not to accept the standard

18                   form or forms, it shall forward the following information] to the

19                   Secretary of State for inclusion on the one-stop business portal or

20                   another public website maintained by that office;[:]

21  b.[(a)] A copy of the written order specifying that the tax district

22                   has a qualifying online filing system in use and will not accept

23                   the standard[ form or] forms within thirty (30) days of its

24                   adoption; and

25  c.[(b)] A copy of occupational license tax forms that the tax district

26                   accepts, any accompanying instructions, and any future

27                   amendments to those forms, [and ]instructions, and electronic

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    UNOFFICIAL COPY                                                26 RS HB 518/GA

1                    links within thirty (30) days of any change.

2 (3) A tax district that accepts the standard forms for filing under subsection (2)(a) or

3   (b) of this section shall have nine (9) months from the final approval date of an

4   administrative regulation establishing any new or amended standard forms to

5   comply with the provisions of those subsections.

6 (4)[(3)] After July 1, 2029[July 1, 2017], a tax district:

7   (a) Shall either adopt the standard[ form or] forms as its exclusive electronic

8   return[ form or] forms or accept the standard [form or ]forms in addition to

9   the tax district's own return form or forms, unless:

10  1.[(a)] The tax district submits a written request approved by the tax

11  district's governing body to the Secretary of State for an exemption

12  based on documented information that:

13  a. Acceptance of the form will impose an undue financial hardship

14                   on the tax district; or

15  b. The tax district is part of an interlocal agreement that provides

16                   for a single tax collection process for multiple jurisdictions; and

17  2.[(b)] The Secretary of State approves the request for an exemption and

18  obtains the return[ form or] forms that will be accepted by the tax

19  district and any applicable instructions for inclusion on the one-stop

20  business portal or another public website maintained by that office. In

21  exercising his or her discretion to grant an exemption under this

22  subsection, the Secretary of State may impose any reasonable terms and

23  limitations upon the exemption;

24  (b) Shall provide on its official website or other means for business entities to

25  access and download the forms, returns, instructions, and methods of

26  acceptable electronic payment of its occupational license taxes in a way that

27  the forms and returns may be electronically completed and submitted to the

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    UNOFFICIAL COPY                                           26 RS HB 518/GA

1   tax district by the taxpayer;

2   (c) Shall allow a taxpayer who files the forms or returns electronically to pay

3   the tax due with the form or return by an automated clearinghouse

4   electronic funds transfer directly to the tax district's designated depository

5   account or by any other approved electronic method;

6   (d) May charge and collect from the taxpayer an additional electronic

7   processing fee and any fee or surcharge to recover the actual costs incurred

8   by the taxing district in connection with the electronic filing, processing,

9   security, maintenance, and acceptance of electronic payments, including

10  costs imposed by third party vendors or financial institutions;

11  (e) Shall provide an electronic receipt to the taxpayer upon the successful

12  electronic filing of the form or return and payment; and

13  (f) If approved by an annual application with the Secretary of State, shall not

14  be subject to the provisions of paragraphs (b) to (f) of this subsection if the

15  tax district:

16  1. Collected less than two hundred thousand dollars ($200,000) during

17  the immediately preceding fiscal year from the combined levy of all

18  types of occupational license taxes in the immediately preceding fiscal

19  year; or

20  2. Submits reasonable evidence that the cost of compliance with this

21  paragraph would exceed more than five percent (5%) of the taxing

22  district's total annual budget.

23 (5)[(4)] Upon receipt of an order pursuant to subsection (2) of this section or upon the

24  issuance of an exemption under subsection (4)[(3)] of this section, the Secretary of

25  State shall provide notice to the Kentucky Society of Certified Public Accountants

26  of the tax districts that have submitted a written order to opt out under subsection

27  (2) of this section or that are granted an exemption under subsection (4)[(3)] of this

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    UNOFFICIAL COPY                                           26 RS HB 518/GA

1   section.

2 (6)[(5)] The Secretary of State shall[, only upon the request of a tax district,] include

3   electronic links for the electronic[ filing of] downloading of forms and electronic

4   links for the online tax filing payment system provided to it under this section on

5   the one-stop business portal or other website maintained by the Secretary of State

6   within thirty (30) of receipt from the tax district[ with the local tax district by no

7   later than July 1, 2017].

8 (7)[(6)] Nothing in this section or KRS 67.766 shall be interpreted to alter or preempt

9   the requirements imposed by a tax district regarding deadlines, reporting, rates, or

10  other legally imposed procedures regarding the imposition, administration, and

11  collection of local occupational license taxes by a tax district. Nor shall the

12  adoption or use of a standard[ form or] forms developed under this section release

13  the taxpayer from any liability or responsibility to the tax district for the correct

14  payment of taxes, penalties, and any other obligations imposed by the tax district.

15  This section and KRS 67.766 shall not be interpreted to authorize the collection of

16  local tax revenues by the state government or any other agency of the state.

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