141.010 Definitions for chapter. - Kentucky Statutes

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141.010 Definitions for chapter. As used in this chapter, unless the context requires otherwise:
(1) "Commissioner" means the commissioner of the Department of Revenue;
(2) "Department" means the Department of Revenue;
(3) "Internal Revenue Code" means the Internal Revenue Code in effect on December 31, 2006, exclusive of any amendments made subsequent to that date, other than
amendments that extend provisions in effect on December 31, 2006, that would
otherwise terminate, and as modified by KRS 141.0101, except that for property
placed in service after September 10, 2001, only the depreciation and expense
deductions allowed under Sections 168 and 179 of the Internal Revenue Code in
effect on December 31, 2001, exclusive of any amendments made subsequent to
that date, shall be allowed, and including the provisions of the Military Family Tax
Relief Act of 2003, Pub. L. No. 108-121, effective on the dates specified in that
Act; (4) "Dependent" means those persons defined as dependents in the Internal Revenue Code; (5) "Fiduciary" means "fiduciary" as defined in Section 7701(a)(6) of the Internal Revenue Code; (6) "Fiscal year" means "fiscal year" as defined in Section 7701(a)(24) of the Internal Revenue Code; (7) "Individual" means a natural person;
(8) "Modified gross income" means the greater of: (a) Adjusted gross income as defined in Section 62 of the Internal Revenue Code of 1986, including any subsequent amendments in effect on December 31 of
the taxable year, and adjusted as follows:
1. Include interest income derived from obligations of sister states and
political subdivisions thereof; and 2. Include lump-sum pension distributions taxed under the special
transition rules of Pub. L. No. 104-188, sec. 1401(c)(2); or (b) Adjusted gross income as defined in subsection (10) of this section and adjusted to include lump-sum pension distributions taxed under the special
transition rules of Pub. L. No. 104-188, sec. 1401(c)(2); (9) "Gross income," in the case of taxpayers other than corporations, means "gross income" as defined in Section 61 of the Internal Revenue Code; (10) "Adjusted gross income," in the case of taxpayers other than corporations, means gross income as defined in subsection (9) of this section minus the deductions
allowed individuals by Section 62 of the Internal Revenue Code and as modified by
KRS 141.0101 and adjusted as follows, except that deductions shall be limited to
amounts allocable to income subject to taxation under the provisions of this chapter,
and except that nothing in this chapter shall be construed to permit the same item to
be deducted more than once: (a) Exclude income that is exempt from state taxation by the Kentucky Constitution and the Constitution and statutory laws of the United States and
Kentucky; (b) Exclude income from supplemental annuities provided by the Railroad Retirement Act of 1937 as amended and which are subject to federal income
tax by Public Law 89-699; (c) Include interest income derived from obligations of sister states and political subdivisions thereof; (d) Exclude employee pension contributions picked up as provided for in KRS 6.505, 16.545, 21.360, 61.560, 65.155, 67A.320, 67A.510, 78.610, and
161.540 upon a ruling by the Internal Revenue Service or the federal courts
that these contributions shall not be included as gross income until such time
as the contributions are distributed or made available to the employee; (e) Exclude Social Security and railroad retirement benefits subject to federal income tax; (f) Include, for taxable years ending before January 1, 1991, all overpayments of federal income tax refunded or credited for taxable years; (g) Deduct, for taxable years ending before January 1, 1991, federal income tax paid for taxable years ending before January 1, 1990; (h) Exclude any money received because of a settlement or judgment in a lawsuit brought against a manufacturer or distributor of "Agent Orange" for damages
resulting from exposure to Agent Orange by a member or veteran of the
Armed Forces of the United States or any dependent of such person who
served in Vietnam; (i) 1. For taxable years ending prior to December 31, 2005, exclude the
applicable amount of total distributions from pension plans, annuity
contracts, profit-sharing plans, retirement plans, or employee savings
plans. The "applicable amount" shall be:
a. Twenty-five percent (25%), but not more than six thousand two
hundred fifty dollars ($6,250), for taxable years beginning after
December 31, 1994, and before January 1, 1996; b. Fifty percent (50%), but not more than twelve thousand five
hundred dollars ($12,500), for taxable years beginning after
December 31, 1995, and before January 1, 1997; c. Seventy-five percent (75%), but not more than eighteen thousand
seven hundred fifty dollars ($18,750), for taxable years beginning
after December 31, 1996, and before January 1, 1998; and d. One hundred percent (100%), but not more than thirty-five
thousand dollars ($35,000), for taxable years beginning after
December 31, 1997. 2. For taxable years beginning after December 31, 2005, exclude up to
forty-one thousand one hundred ten dollars ($41,110) of total
distributions from pension plans, annuity contracts, profit-sharing plans,
retirement plans, or employee savings plans. 3. As used in this paragraph:
a. "Distributions" includes but is not limited to any lump-sum
distribution from pension or profit-sharing plans qualifying for the
income tax averaging provisions of Section 402 of the Internal
Revenue Code; any distribution from an individual retirement
account as defined in Section 408 of the Internal Revenue Code;
and any disability pension distribution; b. "Annuity contract" has the same meaning as set forth in Section
1035 of the Internal Revenue Code; and c. "Pension plans, profit-sharing plans, retirement plans, or employee
savings plans" means any trust or other entity created or organized
under a written retirement plan and forming part of a stock bonus,
pension, or profit-sharing plan of a public or private employer for
the exclusive benefit of employees or their beneficiaries and
includes plans qualified or unqualified under Section 401 of the
Internal Revenue Code and individual retirement accounts as
defined in Section 408 of the Internal Revenue Code; (j) 1. a. Exclude the portion of the distributive share of a shareholder's net
income from an S corporation subject to the franchise tax imposed
under KRS 136.505 or the capital stock tax imposed under KRS
136.300; and b. Exclude the portion of the distributive share of a shareholder's net
income from an S corporation related to a qualified subchapter S
subsidiary subject to the franchise tax imposed under KRS
136.505 or the capital stock tax imposed under KRS 136.300. 2. The shareholder's basis of stock held in a S corporation where the S
corporation or its qualified subchapter S subsidiary is subject to the
franchise tax imposed under KRS 136.505 or the capital stock tax
imposed under KRS 136.300 shall be the same as the basis for federal
income tax purposes; (k) Exclude for taxable years beginning after December 31, 1998, to the extent not already excluded from gross income, any amounts paid for health
insurance, or the value of any voucher or similar instrument used to provide
health insurance, which constitutes medical care coverage for the taxpayer, the
taxpayer's spouse, and dependents during the taxable year. Any amounts paid
by the taxpayer for health insurance that are excluded pursuant to this
paragraph shall not be allowed as a deduction in computing the taxpayer's net
income under subsection (11) of this section; (l) Exclude income received for services performed as a precinct worker for election training or for working at election booths in state, county, and local
primary, regular, or special elections; (m) Exclude any amount paid during the taxable year for insurance for long-term care as defined in KRS 304.14-600; (n) Exclude any capital gains income attributable to property taken by eminent domain; (o) Exclude any amount received by a producer of tobacco or a tobacco quota owner from the multistate settlement with the tobacco industry, known as the
Master Settlement Agreement, signed on November 22, 1998; (p) Exclude any amount received from the secondary settlement fund, referred to as "Phase II," established by tobacco companies to compensate tobacco
farmers and quota owners for anticipated financial losses caused by the
national tobacco settlement; (q) Exclude any amount received from funds of the Commodity Credit Corporation for the Tobacco Loss Assistance Program as a result of a
reduction in the quantity of tobacco quota allotted; (r) Exclude any amount received as a result of a tobacco quota buydown program that all quota owners and growers are eligible to participate in; (s) Exclude state Phase II payments received by a producer of tobacco or a tobacco quota owner; (t) Exclude all income from all sources for active duty and reserve members and officers of the Armed Forces of the United States or National Guard who are
killed in the line of duty, for the year during which the death occurred and the
year prior to the year during which the death occurred. For the purposes of this
paragraph, "all income from all sources" shall include all federal and state
death benefits payable to the estate or any beneficiaries; and (u) For taxable years beginning on or after January 1, 2010, exclude all military pay received by active duty members of the Armed Forces of the United
States, members of reserve components of the Armed Forces of the United
States, and members of the National Guard, including compensation for state
active duty as described in KRS 38.205; (11) "Net income," in the case of taxpayers other than corporations, means adjusted gross income as defined in subsection (10) of this section, minus:
(a) The standard deduction allowed by KRS 141.081, or, at the option of the taxpayer, the deduction allowed by KRS 141.0202; (b) Any amount paid for vouchers or similar instruments that provide health insurance coverage to employees or their families; (c) For taxable years beginning on or after January 1, 2010, the amount of domestic production activities deduction calculated at six percent (6%) as
allowed in Section 199(a)(2) of the Internal Revenue Code for taxable years
beginning before 2010; and (d) 1. All the deductions allowed individuals by Chapter 1 of the Internal
Revenue Code as modified by KRS 141.0101 except:
a. Any deduction allowed by the Internal Revenue Code for state or
foreign taxes measured by gross or net income, including state and
local general sales taxes allowed in lieu of state and local income
taxes under the provisions of Section 164(b)(5) of the Internal
Revenue Code; b. Any deduction allowed by the Internal Revenue Code for amounts
allowable under KRS 140.090(1)(h) in calculating the value of the
distributive shares of the estate of a decedent, unless there is filed
with the income return a statement that such deduction has not
been claimed under KRS 140.090(1)(h); c. The deduction for personal exemptions allowed under Section 151
of the Internal Revenue Code and any other deductions in lieu
thereof; d. For taxable years beginning on or after January 1, 2010, the
domestic production activities deduction allowed under Section
199 of the Internal Revenue Code; e. Any deduction for amounts paid to any club, organization, or
establishment which has been determined by the courts or an
agency established by the General Assembly and charged with
enforcing the civil rights laws of the Commonwealth, not to afford
full and equal membership and full and equal enjoyment of its
goods, services, facilities, privileges, advantages, or accommodations to any person because of race, color, religion,
national origin, or sex, except nothing shall be construed to deny a
deduction for amounts paid to any religious or denominational
club, group, or establishment or any organization operated solely
for charitable or educational purposes which restricts membership
to persons of the same religion or denomination in order to
promote the religious principles for which it is established and
maintained; and f. Any deduction directly or indirectly allocable to income which is
either exempt from taxation or otherwise not taxed under this
chapter; and 2. Nothing in this chapter shall be construed to permit the same item to be
deducted more than once; (12) "Gross income," in the case of corporations, means "gross income" as defined in Section 61 of the Internal Revenue Code and as modified by KRS 141.0101 and
adjusted as follows:
(a) Exclude income that is exempt from state taxation by the Kentucky Constitution and the Constitution and statutory laws of the United States; (b) Exclude all dividend income received after December 31, 1969; (c) Include interest income derived from obligations of sister states and political subdivisions thereof; (d) Exclude fifty percent (50%) of gross income derived from any disposal of coal covered by Section 631(c) of the Internal Revenue Code if the corporation
does not claim any deduction for percentage depletion, or for expenditures
attributable to the making and administering of the contract under which such
disposition occurs or to the preservation of the economic interests retained
under such contract; (e) Include in the gross income of lessors income tax payments made by lessees to lessors, under the provisions of Section 110 of the Internal Revenue Code,
and exclude such payments from the gross income of lessees; (f) Include the amount calculated under KRS 141.205;
(g) Ignore the provisions of Section 281 of the Internal Revenue Code in computing gross income; (h) Exclude income from "safe harbor leases" (Section 168(f)(8) of the Internal Revenue Code); (i) Exclude any amount received by a producer of tobacco or a tobacco quota owner from the multistate settlement with the tobacco industry, known as the
Master Settlement Agreement, signed on November 22, 1998; (j) Exclude any amount received from the secondary settlement fund, referred to as "Phase II," established by tobacco companies to compensate tobacco
farmers and quota owners for anticipated financial losses caused by the
national tobacco settlement; (k) Exclude any amount received from funds of the Commodity Credit Corporation for the Tobacco Loss Assistance Program as a result of a
reduction in the quantity of tobacco quota allotted; (l) Exclude any amount received as a result of a tobacco quota buydown program that all quota owners and growers are eligible to participate in; (m) For taxable years beginning after December 31, 2004, and before January 1, 2007, exclude the distributive share income or loss received from a
corporation defined in subsection (24)(b) of this section whose income has
been subject to the tax imposed by KRS 141.040. The exclusion provided in
this paragraph shall also apply to a taxable year that begins prior to January 1,
2005, if the tax imposed by KRS 141.040 is paid on the distributive share
income by a corporation defined in subparagraphs 2. to 8. of subsection
(24)(b) of this section with a return filed for a period of less than twelve (12)
months that begins on or after January 1, 2005, and ends on or before
December 31, 2005. This paragraph shall not be used to delay payment of the
tax imposed by KRS 141.040; and (n) Exclude state Phase II payments received by a producer of tobacco or a tobacco quota owner; (13) "Net income," in the case of corporations, means "gross income" as defined in subsection (12) of this section minus: (a) The deduction allowed by KRS 141.0202;
(b) Any amount paid for vouchers or similar instruments that provide health insurance coverage to employees or their families; (c) For taxable years beginning on or after January 1, 2010, the amount of domestic production activities deduction calculated at six percent (6%) as
allowed in Section 199(a)(2) of the Internal Revenue Code for taxable years
beginning before 2010; and (d) All the deductions from gross income allowed corporations by Chapter 1 of the Internal Revenue Code and as modified by KRS 141.0101, except:
1. Any deduction for a state tax which is computed, in whole or in part, by
reference to gross or net income and which is paid or accrued to any
state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, any territory or possession of the United States, or to any
foreign country or political subdivision thereof; 2. The deductions contained in Sections 243, 244, 245, and 247 of the
Internal Revenue Code; 3. The provisions of Section 281 of the Internal Revenue Code shall be
ignored in computing net income; 4. Any deduction directly or indirectly allocable to income which is either
exempt from taxation or otherwise not taxed under the provisions of this
chapter, and nothing in this chapter shall be construed to permit the
same item to be deducted more than once; 5. Exclude expenses related to "safe harbor leases" (Section 168(f)(8) of
the Internal Revenue Code); 6. Any deduction for amounts paid to any club, organization, or
establishment which has been determined by the courts or an agency
established by the General Assembly and charged with enforcing the
civil rights laws of the Commonwealth, not to afford full and equal
membership and full and equal enjoyment of its goods, services,
facilities, privileges, advantages, or accommodations to any person
because of race, color, religion, national origin, or sex, except nothing
shall be construed to deny a deduction for amounts paid to any religious
or denominational club, group, or establishment or any organization
operated solely for charitable or educational purposes which restricts
membership to persons of the same religion or denomination in order to
promote the religious principles for which it is established and
maintained; 7. Any deduction prohibited by KRS 141.205; 8. Any dividends-paid deduction of any captive real estate investment trust;
and 9. For taxable years beginning on or after January 1, 2010, the domestic
production activities deduction allowed under Section 199 of the
Internal Revenue Code; (14) (a) "Taxable net income," in the case of corporations that are taxable in this state, means "net income" as defined in subsection (13) of this section; (b) "Taxable net income," in the case of corporations that are taxable in this state and taxable in another state, means "net income" as defined in subsection (13)
of this section and as allocated and apportioned under KRS 141.120. A
corporation is taxable in another state if, in any state other than Kentucky, the
corporation is required to file a return for or pay a net income tax, franchise
tax measured by net income, franchise tax for the privilege of doing business,
or corporate stock tax; (c) "Taxable net income," in the case of homeowners' associations as defined in Section 528(c) of the Internal Revenue Code, means "taxable income" as
defined in Section 528(d) of the Internal Revenue Code. Notwithstanding the
provisions of subsection (3) of this section, the Internal Revenue Code
sections referred to in this paragraph shall be those code sections in effect for
the applicable tax year; and (d) "Taxable net income," in the case of a corporation that meets the requirements established under Section 856 of the Internal Revenue Code to be a real estate
investment trust, means "real estate investment trust taxable income" as
defined in Section 857(b)(2) of the Internal Revenue Code, except that a
captive real estate investment trust shall not be allowed any deduction for
dividends paid; (15) "Person" means "person" as defined in Section 7701(a)(1) of the Internal Revenue Code; (16) "Taxable year" means the calendar year or fiscal year ending during such calendar year, upon the basis of which net income is computed, and in the case of a return
made for a fractional part of a year under the provisions of this chapter or under
regulations prescribed by the commissioner, "taxable year" means the period for
which the return is made; (17) "Resident" means an individual domiciled within this state or an individual who is not domiciled in this state, but maintains a place of abode in this state and spends in
the aggregate more than one hundred eighty-three (183) days of the taxable year in
this state; (18) "Nonresident" means any individual not a resident of this state;
(19) "Employer" means "employer" as defined in Section 3401(d) of the Internal Revenue Code; (20) "Employee" means "employee" as defined in Section 3401(c) of the Internal Revenue Code; (21) "Number of withholding exemptions claimed" means the number of withholding exemptions claimed in a withholding exemption certificate in effect under KRS
141.325, except that if no such certificate is in effect, the number of withholding
exemptions claimed shall be considered to be zero; (22) "Wages" means "wages" as defined in Section 3401(a) of the Internal Revenue Code and includes other income subject to withholding as provided in Section
3401(f) and Section 3402(k), (o), (p), (q), and (s) of the Internal Revenue Code; (23) "Payroll period" means "payroll period" as defined in Section 3401(b) of the Internal Revenue Code; (24) (a) For taxable years beginning before January 1, 2005, and after December 31, 2006, "corporation" means "corporation" as defined in Section 7701(a)(3) of
the Internal Revenue Code; and (b) For taxable years beginning after December 31, 2004, and before January 1, 2007, "corporations" means:
1. "Corporations" as defined in Section 7701(a)(3) of the Internal Revenue
Code; 2. S corporations as defined in Section 1361(a) of the Internal Revenue
Code; 3. A foreign limited liability company as defined in KRS 275.015; 4. A limited liability company as defined in KRS 275.015; 5. A professional limited liability company as defined in KRS 275.015; 6. A foreign limited partnership as defined in KRS 362.2-102(9); 7. A limited partnership as defined in KRS 362.2-102(14); 8. A limited liability partnership as defined in KRS 362.155(7) or in 362.1-
101(7) or (8); 9. A real estate investment trust as defined in Section 856 of the Internal
Revenue Code; 10. A regulated investment company as defined in Section 851 of the Internal Revenue Code; 11. A real estate mortgage investment conduit as defined in Section 860D of the Internal Revenue Code; 12. A financial asset securitization investment trust as defined in Section 860L of the Internal Revenue Code; and 13. Other similar entities created with limited liability for their partners, members, or shareholders. For purposes of this paragraph, "corporation" shall not include any publicly
traded partnership as defined by Section 7704(b) of the Internal Revenue Code
that is treated as a partnership for federal tax purposes under Section 7704(c)
of the Internal Revenue Code or its publicly traded partnership affiliates. As
used in this paragraph, "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; (25) "Doing business in this state" includes but is not limited to: (a) Being organized under the laws of this state;
(b) Having a commercial domicile in this state;
(c) Owning or leasing property in this state;
(d) Having one (1) or more individuals performing services in this state;
(e) Maintaining an interest in a pass-through entity doing business in this state;
(f) Deriving income from or attributable to sources within this state, including deriving income directly or indirectly from a trust doing business in this state,
or deriving income directly or indirectly from a single-member limited
liability company that is doing business in this state and is disregarded as an
entity separate from its single member for federal income tax purposes; or (g) Directing activities at Kentucky customers for the purpose of selling them goods or services. Nothing in this subsection shall be interpreted in a manner that goes beyond the
limitations imposed and protections provided by the United States Constitution or
Pub. L. No. 86-272; (26) "Pass-through entity" means any partnership, S corporation, limited liability company, limited liability partnership, limited partnership, or similar entity
recognized by the laws of this state that is not taxed for federal purposes at the
entity level, but instead passes to each partner, member, shareholder, or owner their
proportionate share of income, deductions, gains, losses, credits, and any other
similar attributes; (27) "S corporation" means "S corporation" as defined in Section 1361(a) of the Internal Revenue Code; (28) "Limited liability pass-through entity" means any pass-through entity that affords any of its partners, members, shareholders, or owners, through function of the laws
of this state or laws recognized by this state, protection from general liability for
actions of the entity; and (29) "Captive real estate investment trust" means a real estate investment trust as defined in Section 856 of the Internal Revenue Code that meets the following requirements:
(a) 1. The shares or other ownership interests of the real estate investment trust
are not regularly traded on an established securities market; or 2. The real estate investment trust does not have enough shareholders or
owners to be required to register with the Securities and Exchange
Commission; and (b) 1. The maximum amount of stock or other ownership interest that is owned
or constructively owned by a corporation equals or exceeds:
a. Twenty-five percent (25%), if the corporation does not occupy
property owned, constructively owned, or controlled by the real
estate investment trust; or b. Ten percent (10%), if the corporation occupies property owned,
constructively owned, or controlled by the real estate investment
trust. The total ownership interest of a corporation shall be determined by
aggregating all interests owned or constructively owned by a
corporation; 2. For the purposes of this paragraph:
a. "Corporation" means a corporation taxable under KRS 141.040,
and includes an affiliated group as defined in KRS 141.200, that is
required to file a consolidated return pursuant to the provisions of
KRS 141.200; and b. "Owned or constructively owned" means owning shares or having
an ownership interest in the real estate investment trust, or owning
an interest in an entity that owns shares or has an ownership
interest in the real estate investment trust. Constructive ownership
shall be determined by looking across multiple layers of a
multilayer pass-through structure; and (c) The real estate investment trust is not owned by another real estate investment trust. Effective: June 4, 2010
History: Amended 2010 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 3, effective June 4, 2010. -- Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 42, effective July 15, 2010. --
Amended 2009 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 105, effective June 26, 2009. --
Amended 2007 Ky. Acts ch. 52, sec. 2, effective June 26, 2007; and ch. 137, sec. 42,
effective June 26, 2007. -- Amended 2006 (1st Extra Sess.) Ky. Acts ch. 2, sec. 1,
effective June 28, 2006. -- Amended 2006 Ky. Acts ch. 149, sec. 202, effective July
12, 2006; ch. 251, sec. 13, effective July 12, 2006; and ch. 252, Pt. XXVIII, sec. 16,
effective April 25, 2006. -- Amended 2005 Ky. Acts ch. 85, sec. 471, effective June
20, 2005; ch. 168, sec. 3, effective March 18, 2005; and ch. 173, Part XVIII, sec. 1,
effective March 20, 2005. -- Amended 2004 Ky. Acts ch. 135, sec. 1, effective July
13, 2004. -- Amended 2002 Ky. Acts ch. 206, sec. 1, effective July 15, 2002; and
ch. 367, sec. 1, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 67, sec. 1,
effective March 15, 2001. -- Amended 2000 Ky. Acts ch. 337, sec. 1, effective July
14, 2000; and ch. 533, sec. 1, effective April 26, 2000. -- Amended 1998 Ky. Acts
ch. 1, sec. 1, effective February 6, 1998; ch. 365, sec. 1, effective July 15, 1998;
ch. 402, sec. 3, effective April 7, 1998; ch. 496, sec. 63, effective April 10, 1998;
ch. 509, sec. 8, effective July 15, 1998; ch. 550, sec. 1, effective July 15, 1998; and
ch. 586, sec. 8, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 69, sec. 1,
effective July 15, 1996. -- Amended 1995 (2d Extra. Sess.) Ky. Acts ch. 1, sec. 1,
effective April 28, 1995. -- Amended 1994 Ky. Acts ch. 45, sec. 1, effective July 15,
1994. -- Amended 1992 Ky. Acts ch. 165, sec. 1, effective July 14, 1992. -- Amended
1990 Ky. Acts ch. 163, sec. 8, effective July 13, 1990; ch. 242, sec. 2, effective July
13, 1990; ch. 303, sec. 1, effective July 1, 1990; and ch. 476, Pt. VII D, sec. 630,
effective April 11, 1990. -- Amended 1988 Ky. Acts ch. 174, sec. 1, effective July
15, 1988. -- Amended 1986 Ky. Acts ch. 459, sec. 3, effective July 15, 1986. --
Amended 1985 (1st Extra. Sess.) Ky. Acts ch. 6, Pt. V, sec. 14, effective July 29,
1985. -- Amended 1984 Ky. Acts ch. 378, sec. 1, effective July 1, 1984. -- Amended
1982 Ky. Acts ch. 105, sec. 1, effective March 24, 1982; and ch. 166, sec. 15,
effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 176, sec. 1, effective July 15,
1980. -- Amended 1978 Ky. Acts ch. 233, sec. 10, effective June 17, 1978. --
Amended 1976 Ky. Acts ch. 155, sec. 7. -- Amended 1974 Ky. Acts ch. 163, sec. 2. -
- Amended 1972 Ky. Acts ch. 62, Pt. III, sec. 1. -- Amended 1970 Ky. Acts ch. 216, sec. 3. -- Amended 1968 Ky. Acts ch. 40, Part II, sec. 1. -- Amended 1966 Ky. Acts
ch. 176, Part I, sec. 1. -- Amended 1962 Ky. Acts ch. 124, sec. 1. -- Amended 1960
Ky. Acts ch. 5, Art. III, sec. 1. -- Amended 1956 (4th Extra. Sess.) Ky. Acts ch. 4,
sec. 1. -- Amended 1954 Ky. Acts ch. 79, sec. 1. -- Amended 1952 Ky. Acts ch. 194,
secs. 1 and 2. -- Amended 1948 Ky. Acts ch. 93, sec. 1. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4281b-1, 4281b-2,
4281b-5. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 52, sec. 3, provides that the amendments to KRS 141.010 in 2007 Ky. Acts ch. 52, sec. 2, "shall
apply to tax years beginning on or after January 1, 2007." Legislative Research Commission Note (6/28/2006). 2006 (1st Extra Sess.) Ky. Acts ch. 2, sec. 73, provides that "unless a provision of this Act specifically applies to an
earlier tax year, the provisions of this Act shall apply to taxable years beginning on or
after January 1, 2007." Legislative Research Commission Note (6/28/2006). Under the authority of KRS 7.136, a manifest clerical or typographical error has been corrected. In the first
sentence of 2006 (1st Extra. Sess.) Ky. Acts ch 2, sec. 11, the citation to KRS
141.010(24)(b) to (h) has been changed to KRS 141.010(24)(b)2. to 8. to conform to
other amendments citing this statute elsewhere in the Act. Legislative Research Commission Note (4/25/2006). 2006 Ky. Acts ch. 252, Pt. XXVIII, sec. 18 provides that "The amendment in Section 16 of this Part is
applicable for tax years beginning after December 31, 2001." Legislative Research Commission Note (3/20/2005). 2005 Ky. Acts ch. 173, Part XVIII, sec. 2, provides that changes made to subsection (11)(a) of this section are
effective for taxable years beginning after December 1, 2004. Legislative Research Commission Note (7/13/2004). The amendments made to subsections (10)(r) and (12)(l) of this statute in 2004 Ky. Acts ch. 135, sec. 1, "shall
apply for taxable years beginning after December 31, 2003." 2004 Ky. Acts ch. 135,
sec. 4. Legislative Research Commission Note (7/15/2002). The change of dates in subsection (3) of this statute from December 31, 1999, to December 31, 2001, applies to
"taxable years beginning after December 31, 2001." 2002 Ky. Acts. ch. 367, sec. 4. Legislative Research Commission Note (7/15/2002). The amendments made to subsections (10)(k), (11), and (13) of this statute in 2002 Ky. Acts ch. 206, sec. 1,
"shall apply for taxable years beginning after December 31, 2001." 2002 Ky. Acts
ch. 206, sec. 2. Legislative Research Commission Note (7/14/2000). The change of dates in subsection (3) of this statute from December 1, 1997, to December 31, 1999, applies to "taxable
years beginning after December 31, 1999." 2000 Ky. Acts ch. 337, sec. 4. Legislative Research Commission Note (4/26/2000). The exclusions set forth in subsection (10)(p) and (q) and subsection (12)(i) to (k) of this statute took effect
April 26, 2000, and "retroactively apply to tax years beginning after December 31,
1998. 2000 Ky. Acts. ch. 533, secs. 4 and 5. Legislative Research Commission Note (4/28/95). The exclusion set forth in subsection (10)(i) of this statute applies "to income received after December 31, 1994," pursuant
to 1995 (2d Extra. Sess.) Ky. Acts ch. 1, sec. 11.