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KENTUCKY STATUTES AND CODES

143.025 Determination of taxable gross value of severed coal.

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143.025 Determination of taxable gross value of severed coal. (1) Taxpayers severing coal in Kentucky and partially or wholly processing the coal outside of Kentucky thereafter and taxpayers severing coal outside of Kentucky and
partially or wholly processing the coal in Kentucky thereafter shall determine and
report the gross value of the coal by application of the following formula:
(a) Determine the direct cost of severing or processing the coal in Kentucky as defined in subsections (d) and (e) of this section. (b) Determine the direct cost of severing or processing the coal outside of Kentucky as defined in subsections (d) and (e) of this section. (c) Exclude from subsections (a) and (b) of this section transportation expense as defined in KRS 143.010(11) and overhead cost as defined in subsection (f) of
this section. (d) Include in the direct cost of severing coal: black lung excise tax; contract mining, less transportation expense contained therein; cost depletion;
depreciation; development; equipment rental; explosives; fuel; labor and
associated expenses; maintenance; reclamation; royalties when based on tons
severed; and wheelage. (e) Include in the direct cost of processing coal: depreciation; equipment rental; fee processing; fuel; labor and associated expense; maintenance; and refuse
disposal. (f) Include in the overhead costs: commissions; freight yard and siding expense; general expense; general insurance and supervision; general office expense;
idle time expense; inventory adjustments; mine closing expense; officers'
salaries; percentage depletion; quality analysis; scale and weighman's expense;
transportation expense and taxes, including sales, coal severance, property,
franchises, and state income taxes. (2) For purposes of computing the formula under this section, any expense which is not directly attributable to either the severing or processing of the coal shall be
classified as an overhead cost. (3) Direct cost determined in subsection (a) of this section divided by the total of direct cost determined in subsection (a) of this section and the direct cost determined in
subsection (b) of this section and the result multiplied by the gross value of the coal
shall equal the proportion of gross value which is subject to the tax levied under
KRS 143.020. (4) Any taxpayer determining taxable gross value as provided in this section shall submit supporting computations and classifications of cost with each coal tax
return, unless the department authorizes the taxpayer to submit the supporting
information on a basis other than monthly. Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 537, effective June 20, 2005. -- Created 1990 Ky. Acts ch. 163, sec. 2, effective July 13, 1990.

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