131.410 Circumstances for waiver of criminal prosecution and civil penalties -- Exceptions -- Refunds and credits. - Kentucky Statutes

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131.410 Circumstances for waiver of criminal prosecution and civil penalties -- Exceptions -- Refunds and credits. (1) For any taxpayer who meets the requirements of KRS 131.420: (a) For taxes which are owed as a result of the nonreporting or underreporting of tax liabilities or the nonpayment of any account receivable owed by an eligible
taxpayer, the Commonwealth shall waive criminal prosecution and all civil
penalties and fees which may be assessed under any KRS chapter subject to
the administrative jurisdiction of the department for the taxable years or
periods for which tax amnesty is requested, plus all of the interest as provided
in subsection (1) of KRS 131.425. (b) With the exception of instances in which the taxpayer and department enter into an installment payment agreement authorized under subsection (3) of
KRS 131.420, The failure to pay all taxes as shown on the taxpayer's amnesty
tax return shall invalidate any amnesty granted pursuant to KRS 131.410 to
131.445. (2) This section shall not apply to any taxpayer who is on notice, written or otherwise, of a criminal investigation being conducted by an agency of the state or any political
subdivision thereof or the United States, nor shall this section apply to any taxpayer
who is the subject of any criminal litigation which is pending on the date of the
taxpayer's application in any court of this state or the United States for nonpayment,
delinquency, evasion or fraud in relation to any federal taxes or to any of the taxes
to which this amnesty program is applicable. (3) No refund or credit shall be granted for any interest, fee, or penalty paid prior to the time the taxpayer requests amnesty pursuant to KRS 131.420. (4) Unless the department in its own discretion redetermines the amount of taxes due, no refund or credit shall be granted for any taxes paid under the amnesty program. Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 136, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 366, sec. 2, effective July 15, 2002. -- Created 1988 Ky. Acts
ch. 322, sec. 2, effective July 15, 1988.