139.260 Presumption that all gross receipts and tangible personal property, digital
371 words·~2 min read·
/ky/139-260A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
property, and services sold for delivery in this state are taxable -- Burden of
proof. For the purpose of the proper administration of this chapter and to prevent evasion of the duty to collect the taxes imposed by KRS 139.200 and 139.310, it shall be presumed that all gross receipts and all tangible personal property, digital property, and services sold by any person for delivery or access in this state are subject to the tax until the contrary is established. The burden of proving the contrary is upon the person who makes the sale of:
(a)Except as provided in paragraph
(b)of this subsection, tangible personal
property or digital property unless the person takes from the purchaser a
certificate to the effect that the property is either:
1. Purchased for resale according to the provisions of KRS 139.270;
2. Purchased through a fully completed certificate of exemption or fully
completed Streamlined Sales and Use Tax Agreement Certificate of
Exemption in accordance with KRS 139.270; or
3. Purchased according to administrative regulations promulgated by the
department governing a direct pay authorization; or
(b)Tangible personal property to a purchaser claiming an agriculture exemption
under KRS 139.480(4) to (9), (11),
(13)to (15),
(23)to (30), or
(33)unless the
person obtains from the purchaser an agriculture exemption license number or
a fully completed Streamlined Sales and Use Tax Agreement Certificate of
Exemption that contains an agriculture exemption license number in
accordance with KRS 139.270;
(2)A service included in KRS 139.200(2)(a) to
(f)unless the person takes from the
purchaser a certificate to the effect that the service is purchased through a fully
completed certificate of exemption or fully completed Streamlined Sales and Use
Tax Agreement Certificate of Exemption in accordance with KRS 139.270; and
(3)A service included in KRS 139.200(2)(g) to
(ax)unless the person takes from the
purchaser a certificate to the effect that the service is:
(a)Purchased for resale according to KRS 139.270;
(b)Purchased through a fully completed certificate of exemption or fully
completed Streamlined Sales and Use Tax Agreement Certificate of
Exemption in accordance with KRS 139.270; or
(c)Purchased according to administrative regulations promulgated by the
department governing a direct pay authorization.