103 KAR 44:100. Procedures for refund
based on vehicle condition.
RELATES TO: KRS 138.450 -138.470
STATUTORY AUTHORITY: 131.130(1), 138.450,
138.460
NECESSITY, FUNCTION AND CONFORMITY: KRS
138.460(12)(b) requires the Department of Revenue to promulgate administrative
regulations to develop the forms and the procedures by which the owner of a
motor vehicle may apply for a refund and document the condition of the vehicle
under KRS 138.460(12)(a). KRS 131.130(1) authorizes the Department of Revenue
to promulgate administrative regulations for the administration of all tax
laws. This administrative regulation establishes the procedures required for claiming
and documenting a refund request for motor vehicle usage tax when the tax paid
was based upon fifty (50) percent of trade-in value as provided in KRS
138.450(16)(a) and the actual condition of the vehicle at the time the usage
tax was paid was less than fifty (50) percent of the trade-in value.
Section 1. Definitions. (1) "Adjusted
retail price" means, for a motor vehicle subjected to motor vehicle usage
tax pursuant to the provisions of KRS 138.450(16)(a), the price based upon the
following calculation:
(a) Trade-in value based on the reference
guide for the motor vehicle listed on the Vehicle Condition Refund Application
(71A010);
(b) Less the trade-in value based on the
reference guide for any motor vehicle given in trade; and
(c) Less any repair cost listed in the vehicle
condition verification documents submitted to the department.
(2) "Reference manual" is
defined by KRS 138.450(23).
(3) "Repair cost" means costs
or estimates for parts or labor to return the motor vehicle to trade-in value or
drivable condition and does not include upgrading or improving the vehicle
beyond trade-in value condition.
(4) "Vehicle condition verification
documents" means originals or copies of the following dated items:
(a) Photographs of the vehicle indicating
the condition of the vehicle supplied by the motor vehicle owner or by Department
of Revenue personnel. The photo shall show the vehicle damage and the VIN plate
attached to the vehicles. Photos shall be taken by the owner or the Department
of Revenue personnel;
(b) Receipts for parts purchased for
repair. Copies of receipts shall contain the name of the parts purchase, the
price of the parts, the name, address, and telephone number of the business
where purchased, and the date of purchase;
(c) Repair cost estimates. Copies of
estimates shall contain the VIN of the vehicle being repaired, the date the
estimate was prepared, and the name, address, and telephone number of the estimate
preparer; or
(d) Repair cost receipts. Copies of
receipts shall contain the VIN of the vehicle being repaired, the date the
repair was rendered, and the name, address, and telephone number of the vehicle
repairer.
(5) "Vehicle Identification Number"
or "VIN" means the numbers, letters, or combination of numbers and
letters assigned by the manufacturer or a governmental entity and stamped upon
or otherwise affixed to a motor vehicle or motor vehicle part for the purpose
of identification, but does not include the letters, numbers, or combinations
on registration plates issued under KRS Chapter 186.
Section 2. Refund Application Process. (1)
The owner of a motor vehicle who has paid the motor vehicle usage tax according
to the provisions of KRS 138.450(16)(a) and requests a refund of a portion of
the tax paid shall submit to the department a completed Vehicle Condition
Refund Application (Form 71A010) with the following documents attached:
(a) A copy of the owner’s Kentucky
Registration Receipt (Form TC 96-181) for the vehicle;
(b) A copy of the owner’s completed
Application for Kentucky Certificate of Title/Registration (Form TC 96-182) for
the vehicle; and
(c) At least two (2) vehicle condition
verification documents.
(2) All documents submitted with the
Vehicle Condition Refund Application shall include the VIN to identify the motor
vehicle for which the applicant is requesting the refund.
(3) The owner of the motor vehicle may utilize
one of the department’s Taxpayer Service Centers to obtain photographs of the
damaged vehicle and for submittal of the Vehicle Condition Refund Application.
Section 3. Refund Calculation Amount. (1)
The department shall consider all refund requests based upon whether the
condition of the motor vehicle at the time the motor vehicle usage tax was paid
as evidenced by documentation provided to the department merits an adjusted
retail price.
(2) Any approved refund shall be the
actual amount of tax paid less the tax due based on the greater of the adjusted
retail price or the applicant’s purchase price as stated on the Kentucky Certificate
of Title/Registration (Form TC 96-182).
Section 4. Refund Denial. Any incomplete
or erroneous information on the Vehicle Condition Refund Application (Form 71A010)
or the associated vehicle condition verification documents shall result in the
denial of the refund. If the department has denied a refund request, the
applicant may resubmit a refund request if additional information is made
available.
Section 5. Incorporation by Reference. (1)
The following material is incorporated by reference:
(a) "Application for Kentucky
Certificate of Title/Registration," Form TC 96-182, (January 2000);
(b) "Kentucky Registration Receipt,"
Form TC 96-181, (August 1996); and
(c) "Vehicle Condition Refund
Application," Form 71A010, (August 2006).
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Kentucky
Department of Revenue, 501 High Street, Frankfort, Kentucky 40620, or at a
Kentucky Taxpayer Service Center, Monday through Friday, 8 a.m. to 5 p.m. (33
Ky.R. 2826; 3162; eff. 5-4-2007; Tam eff. 5-20-09.)