{"data":{"id":"us-ky/krs-141.385","jurisdiction":"us-ky","citation":"KRS 141.385","heading":"Nonrefundable tax credit for railroad improvement.","body":"(1) As used in this section:\n(a) \"Class II railroad\" means a railroad company classified as a Class II carrier by\nthe federal Surface Transportation Board;\n(b) \"Class III railroad\" means a railroad company classified as a Class III carrier\nby the federal Surface Transportation Board;\n(c) \"Qualified expenditures\" means expenditures, whether or not otherwise\nchargeable to a capital account, that are made to maintain or improve railroads\nlocated in Kentucky, including roadbeds, bridges, and related structures, tha t\nare owned or leased as of January 1, 2008, by a Class II or Class III railroad;\nand\n(d) \"Eligible taxpayer\" means:\n1. The owner of any Class II railroad or Class III railroad located in\nKentucky; or\n2. Any person who transports property using the rail fa cilities of a Class II\nrailroad or Class III railroad located in Kentucky or furnishes railroad -\nrelated property or services to a Class II railroad or Class III railroad\nlocated in Kentucky, but only with respect to miles of railroad track\nassigned to the person by a Class II railroad or Class III railroad for\npurposes of subsection (3) of this section.\n(2) For taxable years beginning after December 31, 2009, an eligible taxpayer shall be\nentitled to a nonrefundable credit against the taxes imposed by KRS 1 41.020 or\n141.040, and 141.0401 with the ordering of credits as directed in KRS 141.0205, in\nan amount equal to fifty percent (50%) of the qualified expenditures paid or\nincurred by the taxpayer during the taxable year.\n(3) The credit allowed under subsect ion (2) of this section shall not exceed the product\nof:\n(a) Three thousand five hundred dollars ($3,500) multiplied by:\n(b) The sum of:\n1. The number of miles of railroad track in Kentucky owned or leased by\nthe eligible taxpayer as of the close of the taxable year; and\n2. The number of miles of railroad track in Kentucky assigned for purposes\nof this section to the eligible taxpayer by a Class II railroad or Class III\nrailroad which owns or leases the railroad track as of the close of the\ntaxable year.\n(4) A mile of railroad track may be taken into account by a qualified taxpayer other\nthan the owner only if the mile of railroad track is assigned to the person by the\nowner for purposes of this section. Any mile that is so assigned shall not be taken\ninto account by the owner for purposes of this section.\n(5) With respect to any assignment of a mile of railroad track under subsection (4) of\nthis section:\n(a) The assignment may be made only once per taxable year of the Class II\nrailroad or Class III railroad and shall be treated as made as of the close of the\ntaxable year;\n(b) The mile shall not be taken into account under this section by the railroad for\nsuch taxable year; and\n(c) The assignment shall be taken into account for the taxable year of the\nassignee, which includes the date that the assignment is treated as effective.\n(6) If a credit is taken as provided for in subsection (2) of this section, the basis of the\ntrack shall be reduced by the amount of credit taken.","path":["KRS Chapter 141"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=29125","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:34Z","sha256":"7aeca97abf05d7270c0e11605dd458edb5b5c920c7cdeb2886c2b349bc587718","source_id":"us-ky","stale":false,"prev":"us-ky/krs-141.3841","next":"us-ky/krs-141.386"},"notice":"GroundRules: Original legal text. Not legal advice."}