KRS 141.0401: Limited liability entity tax -- Exemptions -- Rate.

(1) As used in this section:

(a) "Kentucky gross receipts" means an amount equal to the computation of the

numerator of the apportionment fraction under KRS 141.120, any

administrative regulations related to the computation of the sales factor, and

KRS 141.121 and includes the proportiona te share of Kentucky gross receipts

of all wholly or partially owned limited liability pass -through entities,

including all layers of a multi-layered pass-through structure;

(b) "Gross receipts from all sources" means an amount equal to the computation

of the denominator of the apportionment fraction under KRS 141.120, any

administrative regulations related to the computation of the sales factor, and

KRS 141.121 and includes the proportionate share of gross receipts from all

sources of all wholly or partially owned limited liability pass-through entities,

including all layers of a multi-layered pass-through structure;

(c) "Affiliated group" has the same meaning as in KRS 141.201;

(d) "Cost of goods sold" means:

1. Amounts that are:

a. Allowable as cost of go ods sold pursuant to the Internal Revenue

Code and any guidelines issued by the Internal Revenue Service

relating to cost of goods sold, unless modified by this paragraph;

and

b. Incurred in acquiring or producing the tangible product generating

the Kentucky gross receipts.

2. For manufacturing, producing, reselling, retailing, or wholesaling

activities, cost of goods sold shall only include costs directly incurred in

acquiring or producing the tangible product. In determining cost of

goods sold:

a. Labor costs shall be limited to direct labor costs as defined in

paragraph (f) of this subsection;

b. Bulk delivery costs as defined in paragraph (g) of this subsection

may be included; and

c. Costs allowable under Section 263A of the Internal Revenue Code

may be included only to the extent the costs are incurred in

acquiring or producing the tangible product generating the

Kentucky gross receipts. Notwithstanding the foregoing, indirect

labor costs allowable under Section 263A shall not be included;

3. For any activity other than manu facturing, producing, reselling,

retailing, or wholesaling, no costs shall be included in cost of goods

sold.

As used in this paragraph, "guidelines issued by the Internal Revenue Service"

includes regulations, private letter rulings, or any other guidance issued by the

Internal Revenue Service that may be relied upon by taxpayers under reliance

standards established by the Internal Revenue Service;

(e) 1. "Kentucky gross profits" means Kentucky gross receipts reduced by

returns and allowances attributable to Kentucky gross receipts, less the

cost of goods sold attributable to Kentucky gross receipts. If the amount

of returns and allowances attributable to Kentucky gross receipts and the

cost of goods sold attributable to Kentucky gross receipts is zero, th en

"Kentucky gross profits" means Kentucky gross receipts; and

2. "Gross profits from all sources" means gross receipts from all sources

reduced by returns and allowances attributable to gross receipts from all

sources, less the cost of goods sold attribut able to gross receipts from all

sources. If the amount of returns and allowances attributable to gross

receipts from all sources and the cost of goods sold attributable to gross

receipts from all sources is zero, then gross profits from all sources

means gross receipts from all sources;

(f) "Direct labor" means labor that is incorporated into the tangible product sold

or is an integral part of the manufacturing process;

(g) "Bulk delivery costs" means the cost of delivering the product to the

consumer if:

1. The tangible product is delivered in bulk and requires specialized

equipment that generally precludes commercial shipping; and

2. The tangible product is taxable under KRS 138.220;

(h) "Manufacturing" and "producing" means:

1. Manufacturing, producing, c onstructing, or assembling components to

produce a significantly different or enhanced end tangible product;

2. Mining or severing natural resources from the earth; or

3. Growing or raising agricultural or horticultural products or animals;

(i) "Real property" means land and anything growing on, attached to, or erected

on it, excluding anything that may be severed without injury to the land;

(j) "Reselling," "retailing," and "wholesaling" mean the sale of a tangible

product;

(k) "Tangible personal property" means property, other than real property, that

has physical form and characteristics; and

(l) "Tangible product" means real property and tangible personal property;

(2) (a) For taxable years beginning on or after January 1, 2007, an annual limited

liability entity tax shall be paid by every corporation and every limited

liability pass-through entity doing business in Kentucky on all Kentucky gross

receipts or Kentucky gross profits except as provided in this subsection. A

small business exclusion from this tax shall be provided based on the

reduction contained in this subsection. The tax shall be the greater of the

amount computed under paragraph (b) of this subsection or one hundred

seventy-five dollars ($175), regardless of the application of any tax cred its

provided under this chapter or any other provisions of the Kentucky Revised

Statutes for which the business entity may qualify.

(b) The limited liability entity tax shall be the lesser of subparagraph 1. or 2. of

this paragraph:

1. a. If the corporatio n's or limited liability pass -through entity's gross

receipts from all sources are three million dollars ($3,000,000) or

less, the limited liability entity tax shall be one hundred seventy -

five dollars ($175);

b. If the corporation's or limited liability pass -through entity's gross

receipts from all sources are greater than three million dollars

($3,000,000) but less than six million dollars ($6,000,000), the

limited liability entity tax shall be nine and one-half cents ($0.095)

per one hundred dollars ($100) of the corporation's or limited

liability pass-through entity's Kentucky gross receipts reduced by

an amount equal to two thousand eight hundred fifty dollars

($2,850) multiplied by a fraction, the numerator of which is six

million dollars ($6,000,000) less the amount of the corporation's or

limited liability pass -through entity's Kentucky gross receipts for

the taxable year, and the denominator of which is three million

dollars ($3,000,000), but in no case shall the result be less than one

hundred seventy-five dollars ($175);

c. If the corporation's or limited liability pass -through entity's gross

receipts from all sources are equal to or greater than six million

dollars ($6,000,000), the limited liability entit y tax shall be nine

and one-half cents ($0.095) per one hundred dollars ($100) of the

corporation's or limited liability pass -through entity's Kentucky

gross receipts.

2. a. If the corporation's or limited liability pass -through entity's gross

profits from all sources are three million dollars ($3,000,000) or

less, the limited liability entity tax shall be one hundred seventy -

five dollars ($175);

b. If the corporation's or limited liability pass -through entity's gross

profits from all sources are at least t hree million dollars

($3,000,000) but less than six million dollars ($6,000,000), the

limited liability entity tax shall be seventy -five cents ($0.75) per

one hundred dollars ($100) of the corporation's or limited liability

pass-through entity's Kentucky g ross profits, reduced by an

amount equal to twenty -two thousand five hundred dollars

($22,500) multiplied by a fraction, the numerator of which is six

million dollars ($6,000,000) less the amount of the corporation's or

limited liability pass -through entity's Kentucky gross profits, and

the denominator of which is three million dollars ($3,000,000), but

in no case shall the result be less than one hundred seventy -five

dollars ($175);

c. If the corporation's or limited liability pass -through entity's gross

profits from all sources are equal to or greater than six million

dollars ($6,000,000), the limited liability entity tax shall be

seventy-five cents ($0.75) per one hundred dollars ($100) of all of

the corporation's or limited liability pass-through entity's Kentucky

gross profits.

In determining eligibility for the reductions contained in this paragraph, a

member of an affiliated group shall consider the total gross receipts and the

total gross profits from all sources of the entire affiliated group, inclu ding

eliminating entries for transactions among the group.

(c) A credit shall be allowed against the tax imposed under paragraph (a) of this

subsection for the current year to a corporation or limited liability pass -

through entity that owns an interest in a limited liability pass -through entity.

The credit shall be the proportionate share of tax calculated under this

subsection by the lower -level pass -through entity, as determined after the

amount of tax calculated by the pass -through entity has been reduce d by the

minimum tax of one hundred seventy -five dollars ($175). The credit shall

apply across multiple layers of a multi -layered pass-through entity structure.

The credit at each layer shall include the credit from each lower layer, after

reduction for th e minimum tax of one hundred seventy -five dollars ($175) at

each layer.

(d) The department may promulgate administrative regulations to establish a

method for calculating the cost of goods sold attributable to Kentucky.

(3) A nonrefundable credit based on the tax calculated under subsection (2) of this

section shall be allowed against the tax imposed by KRS 141.020 or 141.040. The

credit amount shall be determined as follows:

(a) The credit allowed a corporation subject to the tax imposed by KRS 141.040

shall be equal to the amount of tax calculated under subsection (2) of this

section for the current year after subtraction of any credits identified in KRS

141.0205, reduced by the minimum tax of one hundred seventy -five dollars

($175), plus any credit determ ined in paragraph (b) of this subsection for tax

paid by wholly or partially owned limited liability pass -through entities. The

amount of credit allowed to a corporation based on the amount of tax paid

under subsection (2) of this section for the current y ear shall be applied to the

income tax due from the corporation's activities in this state. Any remaining

credit from the corporation shall be disallowed.

(b) The credit allowed members, shareholders, or partners of a limited liability

pass-through entity shall be the members', shareholders', or partners'

proportionate share of the tax calculated under subsection (2) of this section

for the current year after subtraction of any credits identified in KRS

141.0205, as determined after the amount of tax paid h as been reduced by the

minimum tax of one hundred seventy -five dollars ($175). The credit allowed

to members, shareholders, or partners of a limited liability pass -through entity

shall be applied to income tax assessed on income from the limited liability

pass-through entity. Any remaining credit from the limited liability pass -

through entity shall be disallowed.

(4) Each taxpayer subject to the tax imposed in this section shall file a return, on forms

prepared by the department, on or before the fifteenth day of the fourth month

following the close of the taxpayer's taxable year. Any tax remaining due after

making the payments required in KRS 141.044 shall be paid by the original due

date of the return.

(5) The department shall prescribe forms and promulgat e administrative regulations as

needed to administer the provisions of this section.

(6) The tax imposed by subsection (2) of this section shall not apply to:

(a) For taxable years beginning prior to January 1, 2021:

1. Financial institutions, as defined in KRS 136.500, except banker's banks

organized under KRS 287.135 or 286.3-135;

2. Savings and loan associations organized under the laws of this state and

under the laws of the United States and making loans to members only;

3. Banks for cooperatives;

4. Production credit associations;

5. Insurance companies, including farmers' or other mutual hail, cyclone,

windstorm, or fire insurance companies, insurers, and reciprocal

underwriters;

6. Corporations or other entities exempt under Section 501 of the Intern al

Revenue Code;

7. Religious, educational, charitable, or like corporations not organized or

conducted for pecuniary profit;

8. Corporations whose only owned or leased property located in this state

is located at the premises of a printer with which it ha s contracted for

printing, provided that:

a. The property consists of the final printed product, or copy from

which the printed product is produced; and

b. The corporation has no individuals receiving compensation in this

state as provided in KRS 141.901;

9. Public service corporations subject to tax under KRS 136.120;

10. Open-end registered investment companies organized under the laws of

this state and registered under the Investment Company Act of 1940;

11. Any property or facility which has been certif ied as a fluidized bed

energy production facility;

12. An alcohol production facility as defined in KRS 247.910;

13. Real estate investment trusts as defined in Section 856 of the Internal

Revenue Code;

14. Regulated investment companies as defined in Sect ion 851 of the

Internal Revenue Code;

15. Real estate mortgage investment conduits as defined in Section 860D of

the Internal Revenue Code;

16. Personal service corporations as defined in Section 269A(b)(1) of the

Internal Revenue Code;

17. Cooperatives de scribed in Sections 521 and 1381 of the Internal

Revenue Code, including farmers' agricultural and other cooperatives

organized or recognized under KRS Chapter 272, advertising

cooperatives, purchasing cooperatives, homeowners associations

including those described in Section 528 of the Internal Revenue Code,

political organizations as defined in Section 527 of the Internal Revenue

Code, and rural electric and rural telephone cooperatives; or

18. Publicly traded partnerships as defined by Section 7704(b) of the

Internal Revenue Code that are treated as partnerships for federal tax

purposes under Section 7704(c) of the Internal Revenue Code, or their

publicly traded partnership affiliates. "Publicly traded partnership

affiliates" shall include any limited lia bility company or limited

partnership for which at least eighty percent (80%) of the limited

liability company member interests or limited partner interests are

owned directly or indirectly by the publicly traded partnership; and

(b) For taxable years beginning on or after January 1, 2021:

1. Insurance companies, including farmers' or other mutual hail, cyclone,

windstorm, or fire insurance companies, insurers, and reciprocal

underwriters;

2. Corporations or other entities exempt under Section 501 of the In ternal

Revenue Code;

3. Religious, educational, charitable, or like corporations not organized or

conducted for pecuniary profit;

4. Corporations whose only owned or leased property located in this state

is located at the premises of a printer with which i t has contracted for

printing, provided that:

a. The property consists of the final printed product, or copy from

which the printed product is produced; and

b. The corporation has no individuals receiving compensation in this

state as provided in KRS 141.901;

5. Public service corporations subject to tax under KRS 136.120;

6. Open-end registered investment companies organized under the laws of

this state and registered under the Investment Company Act of 1940;

7. An alcohol production facility as defined in KRS 247.910;

8. Real estate investment trusts as defined in Section 856 of the Internal

Revenue Code;

9. Regulated investment companies as defined in Section 851 of the

Internal Revenue Code;

10. Real estate mortgage investment conduits as defined in Sect ion 860D of

the Internal Revenue Code;

11. Personal service corporations as defined in Section 269A(b)(1) of the

Internal Revenue Code;

12. Cooperatives described in Sections 521 and 1381 of the Internal

Revenue Code, including farmers' agricultural and ot her cooperatives

organized or recognized under KRS Chapter 272, advertising

cooperatives, purchasing cooperatives, homeowners associations

including those described in Section 528 of the Internal Revenue Code,

political organizations as defined in Section 527 of the Internal Revenue

Code, and rural electric and rural telephone cooperatives; or

13. Publicly traded partnerships as defined by Section 7704(b) of the

Internal Revenue Code that are treated as partnerships for federal tax

purposes under Section 77 04(c) of the Internal Revenue Code, or their

publicly traded partnership affiliates. "Publicly traded partnership

affiliates" shall include any limited liability company or limited

partnership for which at least eighty percent (80%) of the limited

liability company member interests or limited partner interests are

owned directly or indirectly by the publicly traded partnership.

(7) (a) As used in this subsection, "qualified exempt organization" means an entity

listed in subsection (6)(a) and (b) of this sec tion and shall not include any

entity whose exempt status has been disallowed by the Internal Revenue

Service.

(b) Notwithstanding any other provisions of this section, any limited liability

pass-through entity that is owned in whole or in part by a qualified exempt

organization shall, in calculating its Kentucky gross receipts or Kentucky

gross profits, exclude the proportionate share of its Kentucky gross receipts or

Kentucky gross profits attributable to the ownership interest of the qualified

exempt organization.

(c) Any limited liability pass -through entity that reduces Kentucky gross receipts

or Kentucky gross pro fits in accordance with paragraph (b) of this subsection

shall disregard the ownership interest of the qualified exempt organization in

determining the amount of credit available under subsection (3) of this

section.

(d) The Department of Revenue may promu lgate an administrative regulation to

further define "qualified exempt organization" to include an entity for which

exemption is constitutionally or legally required, or to exclude any entity

created primarily for tax avoidance purposes with no legitimate business

purpose.

(8) The credit permitted by subsection (3) of this section shall flow through multiple

layers of limited liability pass-through entities and shall be claimed by the taxpayer

who ultimately pays the tax on the income of the limited liabili ty pass -through

entity.