139.781 Definitions for KRS 139.780 to 139.795.
Download pdf
Loading PDF...
<![CDATA[ Page 1 of 2 139.781 Definitions for KRS 139.780 to 139.795. As used in KRS 139.780 to 139.795: <br>(1) "SSUTA agreement" means the streamlined sales and use tax agreement; <br>(2) "Certified automated system" means software certified jointly by the states that are signatories to the SSUTA agreement to calculate the tax imposed by each <br>jurisdiction on a transaction, determine the amount of tax to remit to the appropriate <br>state, and maintain a record of the transaction; (3) "Certified service provider" means an agent certified jointly by the states that are signatories to the SSUTA agreement to perform all of the seller's sales tax <br>functions; (4) "Governing board" means a group of representatives from each member state that has the authority and responsibility for the administration and operation of the <br>SSUTA agreement; (5) "Member state" means a state that is found to be in compliance with the SSUTA agreement and that has made the necessary changes to statutes, rules, regulations, or <br>other authorities necessary to bring the state into compliance and those changes are <br>currently in effect; (6) "Model 1 seller" means a seller that has selected a certified service provider as its agent to perform all the seller's sales and use tax functions, other than the seller's <br>obligation to remit the tax on its own purchases; (7) "Model 2 seller" means a seller that has selected a certified service provider to perform a part of its sales and use tax functions, but retains responsibility for <br>remitting the tax; (8) "Model 3 seller" means a seller that: (a) Has sales in at least five (5) member states; <br>(b) Has total annual sales of at least five hundred million dollars ($500,000,000); <br>(c) Has a proprietary system that calculates the amount of tax due each jurisdiction; and (d) Has entered into a performance agreement with the member states that establishes a tax performance standard for the seller. For purposes of this subsection, a seller shall include an affiliated group of sellers <br>using the same proprietary system; (9) "Person" means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity; (10) "Product-based exemption" means an exemption based on the description of the product, and not based on who purchases the product or how the purchaser intends <br>to use the product; (11) "Sales tax" means the tax levied under KRS 139.200; <br>(12) "Seller" means any person making sales, leases, or rentals of personal property or services; Page 2 of 2 (13) "State" means any state of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; (14) "Taxability matrix" means a downloadable preformatted table approved by the governing board that contains the member state's interpretation as to the taxability <br>of the terms found in the SSUTA agreement Appendix C, Library of Definitions <br>and made available electronically on the member state's Web site; (15) "Use-based exemption" means an exemption based on a specific use of the product by the purchaser; and (16) "Use tax" means the tax levied under KRS 139.310. Effective: August 1, 2008 <br>History: Amended 2008 Ky. Acts ch. 95, sec. 2, effective August 1, 2008. -- Amended 2007 Ky. Acts ch. 141, sec. 11, effective July 1, 2007. -- Created 2001 Ky. Acts <br>ch. 6, sec. 3, effective June 21, 2001. ]]>