KRS 143.022: Coal severance tax refund on exported coal -- Annual report.

(1) A taxpayer engaged in severing or processing coal within this Commonwealth that

has paid the tax imposed under KRS 143.020 may apply for a refund equal to the

amount of tax paid under KRS 143.020 if the coal is transported directly to a market

outside of the United States of America.

(2) To apply for the refund allowed under subsection (1) of this section the taxpayer

shall file an application for refund with the departme nt and submit all information

and documentation necessary to substantiate that the tax was paid upon the coal

which was transported directly to a market outside of the United States of America.

(3) The refund process allowed under subsection (1) of this se ction is available

beginning on or after August 1, 2020, but before July 1, 2028, and limited during

any calendar year to the export of a combined total of:

(a) Ten million (10,000,000) tons of coal subject to the tax imposed under KRS

143.020 and exported through United States coal export terminals to markets

outside of North America; and

(b) Two million five hundred thousand (2,500,000) tons of coal subject to the tax

imposed under KRS 143.020 and exported through United States coal export

terminals to markets outside of the United States of America and within North

America.

(4) (a) By November 1, 2026, and each November 1 thereafter as long a refund is

issued under this section, the department shall report to the Legislative

Research Commission for referr al to the Interim Joint Committee on

Appropriations and Revenue:

1. By destination:

a. The total tons of coal in which refunds were granted under

subsection (3)(a) of this section for the taxable year; and

b. The total tons of coal in which refunds were granted under

subsection (3)(b) of this section for the taxable year;

2. By county:

a. The total number of refunds requested for the taxable year;

b. The total dollar amount of the refunds requested for the taxable

year;

c. The total number of refunds issued for the taxable year; and

d. The total dollar amount of the refunds issued for the tax able year;

and

3. By taxpayer:

a. The name and location of the taxpayer requesting the refund as

listed on the tax return; and

b. The total dollar amount of the refund issued for the taxable year.

(b) The information required to be reported under this sect ion shall not be

considered confidential taxpayer information and shall not be subject to KRS

Chapter 131 or any other provisions of the Kentucky Revised Statutes

prohibiting disclosure or reporting of information.