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143.035 Collection and payment of tax by processor -- Agreement with department.

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143.035 Collection and payment of tax by processor -- Agreement with department. Notwithstanding any other provisions of this chapter to the contrary, where the <br>department finds that it would facilitate and expedite the collection of the tax imposed by <br>this chapter, the department may authorize the taxpayer processing the coal to report and <br>pay the tax which would be due from the taxpayer severing the coal. Authorization from <br>the department shall be in the form of an agreement executed by the taxpayer processing <br>the coal, the taxpayer severing the coal and the department. The agreement shall be in <br>such form as the department may prescribe. The agreement must be signed by the owners <br>if the taxpayers are natural persons; in the case of a partnership or association by a partner <br>or member; in the case of a corporation, by an executive officer or some person <br>specifically authorized by the corporation to sign the application. The director of the sales <br>and severance tax division shall sign for the department. The agreement may be <br>terminated by any party to the agreement upon giving thirty (30) days written notice to the <br>other parties to the agreement; however, the department may terminate the agreement <br>immediately upon written notice to the other parties when either the taxpayer processing <br>the coal or the taxpayer severing the coal fails to comply with the terms of the agreement. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 85, sec. 539, effective June 20, 2005. -- Created 1978 Ky. Acts ch. 189, sec. 6, effective July 1, 1978.