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139.771 Overcollection of sales or use taxes.

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Page 1 of 1 139.771 Overcollection of sales or use taxes. (1) For all sales and use tax transactions where the purchaser believes that tax has been charged in error, a cause of action against the retailer for the overcollected sales or <br>use taxes does not accrue until the purchaser has provided notice to the retailer and <br>the retailer has had sixty (60) days to respond. The notice to the retailer shall <br>contain the information necessary to determine the validity of the inquiry. (2) In connection with a purchaser's inquiry to a retailer regarding overcollected sales or use taxes, a retailer shall be presumed to have a reasonable business practice, if in <br>the collection of the sales or use tax the retailer: <br>(a) Uses either a certified service provider, certified automated system, or a proprietary system as provided by KRS 139.795; and (b) Has remitted all taxes collected less any deductions, credits or collection allowances. (3) Nothing in this section shall extend any person's time to seek a refund of sales or use taxes collected or remitted to the state beyond the provisions of KRS 134.580. Effective: July 1, 2004 <br>History: Created 2003 Ky. Acts ch. 124, sec. 30, effective July 1, 2004.