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Multistate Tax Alert: Kentucky Law Requires Department of Revenue to Implement Amnesty Program


Kentucky has recently amended state law to require the Kentucky Department of Revenue (“DOR”) to “develop and administer” a tax amnesty program. Thus, the amnesty program, while mandated by the amended law, will not take effect until actually implemented by the DOR. Under the terms of the amended law, the amnesty is to be conducted during the state’s fiscal year beginning July 1, 2012 and ending June 30, 2013, and shall:

  1. operate for a period of at least 60 days but not to exceed 120 days;
  2. apply to all taxes subject to DOR administration except specified property taxes and certain penalties; and
  3. apply to tax liabilities for taxable periods ending or transactions occurring after December 1, 2001 and prior to October 1, 2011.

For eligible taxpayers that comply with all requirements of the amnesty program once it is formally adopted, the DOR will waive criminal prosecution, all civil penalties, and one-half of the otherwise applicable interest.

The attached Tax Alert summarizes the terms of this upcoming amnesty program.

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