KRS 141.330: Employers to file quarterly returns and make payments -- Liability --

Actions -- Lien on property of employer.

(1) Every employer required to deduct and withhold tax under KRS 141.310 and

141.315 shall, for the quarterly period beginning on the first day of January of each

year, and for each quarterly period thereafter, on or before the last day of the month

following the close of each quarterly period make a return and report to the

department the tax required to be withheld under KRS 141.310 and 141. 315, unless

the employer is permitted or required to report monthly or annually. Such employer

shall, on or before the last day of the month following the close of each quarterly

period, pay over to the department the tax required to be withheld under KRS

141.310 and 141.315; Provided, however, That the department may, by regulations,

require employers to remit the tax withheld under KRS 141.310 and 141.315 within

a reasonable time after the payroll period or other period. A return shall be filed by

every employer making payment of wages even though no tax has been withheld.

(2) If the department, in any case, has reason to believe that the collection of the tax

provided for in subsection (1) of this section is in jeopardy, it may require the

employer to make such return and pay such tax at any time.

(3) Every employer, who fails to withhold or pay to the department any sums required

by this chapter to be withheld and paid, shall be personally and individually liable

therefor to the Commonwealth; and any sum or sums withheld in accordance with

the provisions of KRS 141.310 and 141.315 shall be deemed to be held in trust for

the Commonwealth.

(4) The Commonwealth shall have a lien upon all the property of any employer who

fails to withhold or pay over to the de partment sums required to be withheld under

KRS 141.310 and 141.315. If the employer withholds but fails to pay the amounts

withheld to the department, the lien shall accrue as of the date the amounts withheld

were required to be paid to the department. If the employer fails to withhold, the

lien shall accrue at the time the liability of the employer becomes fixed.