Find Legal Information

131.990 Penalties.

Download pdf

Page 1 of 2 131.990 Penalties. (1) Any person who fails or refuses to obey a subpoena or order of the Kentucky Board of Tax Appeals made pursuant to KRS Chapter 13B shall be fined not less than <br>twenty-five dollars (&#36;25) nor more than five hundred dollars (&#36;500). (2) (a) Any person who violates the intentional unauthorized inspection provisions of KRS 131.190(1) shall be fined not more than five hundred dollars (&#36;500) or <br>imprisoned for not more than six (6) months, or both. (b) Any person who violates the provisions of KRS 131.190(1) by divulging confidential taxpayer information shall be fined not more than one thousand <br>dollars (&#36;1,000) or imprisoned for not more than one (1) year, or both. (c) Any person who violates the intentional unauthorized inspection provisions of KRS 131.190(4) shall be fined not more than one thousand dollars (&#36;1,000) or <br>imprisoned for not more than one (1) year, or both. (d) Any person who violates the provisions of KRS 131.190(4) by divulging confidential taxpayer information shall be fined not more than five thousand <br>dollars (&#36;5,000) or imprisoned for not more than five (5) years, or both. (e) Any present secretary or employee of the Finance and Administration Cabinet, commissioner or employee of the department, member of a county board of <br>assessment appeals, property valuation administrator or employee, or any <br>other person, who violates the provisions of KRS 131.190(1) or (4) may, in <br>addition to the penalties imposed under this subsection, be disqualified and <br>removed from office or employment. (3) Any person who willfully fails to comply with the rules and regulations promulgated by the department for the administration of delinquent tax collections <br>shall be fined not less than twenty dollars (&#36;20) nor more than one thousand dollars <br>(&#36;1,000). (4) Any person who fails to do any act required or does any act forbidden by KRS 131.210 shall be fined not less than ten dollars (&#36;10) nor more than five hundred <br>dollars (&#36;500). (5) Any person who fails to comply with the provisions of KRS 131.155 shall, unless it is shown to the satisfaction of the department that the failure is due to reasonable <br>cause, pay a penalty of one-half of one percent (0.5%) of the amount that should <br>have been remitted under the provisions of KRS 131.155 for each failure to comply. (6) (a) Any person or financial institution that fails to comply with the provisions of KRS 131.672 and 131.674 within ninety (90) days after notification by the <br>department shall, unless the failure is due to reasonable cause as defined in <br>KRS 131.010, be fined not less than one thousand dollars (&#36;1,000) and no <br>more than five thousand dollars (&#36;5,000) for each full month of <br>noncompliance. The fine shall begin on the first day of the month beginning <br>after the expiration of the ninety (90) days. (b) Any financial institution that fails or refuses to comply with the provisions of KRS 131.672 and 131.674 within one hundred twenty (120) days after the <br>notification by the department shall, unless the failure is due to reasonable Page 2 of 2 cause as defined in KRS 131.010, forfeit its right to do business within the <br>Commonwealth, unless and until the financial institution is in compliance. <br>Upon notification by the department, the commissioner of the Department of <br>Financial Institutions shall, as applicable, revoke the authority of the financial <br>institution or its agents to do business in the Commonwealth. (7) Any taxpayer or tax return preparer who fails or refuses to comply with the provisions of KRS 131.250 or an administrative regulation promulgated under KRS <br>131.250 shall, unless it is shown to the satisfaction of the department that the failure <br>is due to reasonable cause, pay a return processing fee of ten dollars (&#36;10) for each <br>return not filed as required. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 95, effective July 15, 2010; and ch. 147, sec. 4, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 68, sec. 2, effective <br>June 26, 2007. -- Amended 2005 Ky. Acts ch. 85, sec. 168, effective June 20, 2005. -<br>- Amended 2000 Ky. Acts ch. 503, sec. 3, effective July 14, 2000. -- Amended 1998 <br>Ky. Acts ch. 314, sec. 2, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, <br>sec. 36, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 322, sec. 13, effective <br>July 15, 1988. -- Amended 1978 Ky. Acts ch. 233, sec. 9, effective June 17, 1978. -- <br>Amended 1966 Ky. Acts ch. 255, sec. 126. -- Amended 1962 Ky. Acts ch. 210, <br>sec. 20. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from <br>Ky. Stat. secs. 4029, 4114h-3, 4114h-12, 4114h-15, 4149b-12. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts chs. 24 and 147, which do not appear to be in conflict and have been <br>codified together.