131.445 Civil and criminal penalties following amnesty -- Invalidation of amnesty.

347 words·~2 min read·/ky/chapter-131/131-445

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(See LRC Note below)

(1)After the expiration of the tax amnesty period, the department shall vigorously

pursue all civil, administrative, and criminal penalties authorized by state and

federal law for all taxes found to be due the Commonwealth.

(2)In addition to all other penalties provided under KRS 131.180, 131.410 to 131.445,

131.990, and any other law, any taxpayer who willfully fails to make a return or

willfully makes a false return, or who willfully fails to pay taxes owing or collected,

with intent to evade payment of the tax or amount collected, or any part thereof,

shall be guilty of a Class D felony.

(a)Amnesty received by a taxpayer under the program described in KRS

131.400(3) shall be invalidated if:

1. The taxpayer fails to timely file any tax return or timely pay any tax and

interest due for any period ending on or after October 1, 2011, but prior

to December 1, 2023; or

2. The taxpayer fails to timely file any tax return or timely pay any tax for

any period beginning December 1, 2023, and ending within three

years of the date amnesty was granted to the taxpayer.

(b)Except as provided in paragraph

(d)of this subsection, if the provisions of

paragraph

(a)of this subsection apply, then the civil penalties, fees, and

interest waived pursuant to KRS 131.410 shall:

1. Be reinstated;

2. Be subject to immediate collection by the department; and

3. Not be subject to protest under KRS 131.110.

(c)The department may utilize any remedy permitted under the law to collect

amounts due under this subsection, and no statute of limitations shall apply.

(d)If paragraph

(a)of this subsection applies to a taxpayer as the result of an

audit or other investigation by the department, the amnesty shall not be

invalidated until the taxpayer has had the opportunity to protest as provided in

KRS 131.110, and has failed to pay the tax within thirty

(30)days of the date

on which the assessment becomes final, due, and owing as provided in KRS

131.500(1).