131.010 Definitions for chapter

131.010 Definitions for chapter.

As used in this chapter, unless the context requires otherwise:

(1) "Commissioner" means the commissioner of the department;

(2) "Department" means the Department of Revenue;

(3) "Fiduciary" means a guardian, trustee, executor, administrator, receiver,

conservator, or any individual or corporation acting in a fiduciary capacity for any

other person;

(4) "Taxpayer" means any person required or permitted by law or administrative

regulation to perform any act subject to the administrative jurisdiction of the

department including the following:

(a) File a report, return, statement, certification, claim, estimate, declaration,

form, or other document;

(b) Furnish any information;

(c) Withhold, collect, or pay any tax, installment, estimate, or other funds; and

(d) Secure any license, permit, or other authorization to conduct a business or

exercise any privilege, right, or responsibility;

(5) "Adjusted prime rate charged by banks" means the average predominant prime rate

quoted by commercial banks to large businesses, as determined by the board of

governors of the Federal Reserve System;

(6) "Tax interest rate" means the interest rate determined under KRS 131.183;

(7) "Tax" includes any assessment or license fee administered by the department;

however, it shall not include moneys withheld or collected by the department

pursuant to KRS 131.560 or 160.627;

(8) "Return" or "report" means any properly completed and, if required, signed form,

statement, certification, claim estimate, declaration, or other document permitted or

required to be submitted or filed with the department, including returns and reports

or composites thereof which are permitted or required to be electronically

transmitted;

(9) "Reasonable cause" means an event, happening, or circumstance entirely beyond

the knowledge or control of a taxpayer who has exercised due care and prudence in

the filing of a return or report or the payment of moneys due the department

pursuant to law or administrative regulation;

(10) "Fraud" means:

(a) Intentional or reckless disregard for the law, administrative regulations, or the

department's established policies to evade the filing of any return, report, or

the payment of any moneys due to the department pursuant to law or

administrative regulation; or

(b) The deliberate false reporting of returns or reports with the intent to gain a

monetary advantage;

(11) "Hard copy" means any document, record, report, or other data printed on paper or

stored by an imaging system that does not permit additions, deletions, or other

changes to the original documents;

(12) "Electronic record" means a collection of related information stored as bits of data

in a medium that supports electronic extraction of the data at the field level, but

does not include electronic imaging systems;

(13) "Electronic imaging systems" means a computer-based system used to store

reproductions of documents and records through the use of electronic data

processing, or computerized, digital, or optical scanning which records and indexes

the document, but does not support electronic extraction of the data at the field

level;

(14) "Electronic fund transfer" means an electronic data processing medium that takes

the place of a paper check for debiting or crediting an account and of which a

permanent record is made;

(15) "Specified tax return preparer" has the same meaning as in 26 U.S.C. sec.

6011(e)(3);

(16) "Tax return preparer" has the same meaning as in 26 U.S.C. sec. 7701(a)(36)(A);

(17) "Administrative writings" means the following, as created, published, issued, or

released by the department and redacted to protect taxpayer-specific information:

(a) Final rulings;

(b) Manuals and training procedures;

(c) Presentations;

(d) Technical advice memoranda;

(e) General information letters; and

(f) Private letter rulings; and

(18) "Tax form":

26 U.S.C. sec. 7701(a)(36)(A);

(17) "Administrative writings" means the following, as created, published, issued, or

released by the department and redacted to protect taxpayer-specific information:

(a) Final rulings;

(b) Manuals and training procedures;

(c) Presentations;

(d) Technical advice memoranda;

(e) General information letters; and

(f) Private letter rulings; and

(18) "Tax form":

(a) Means any instrument that is:

1. Created, published, issued, approved, or released by the department

upon which taxpayers insert information; and

2. Permitted or required to be submitted to or filed with the department;

and

(b) Includes any of the following instruments, except that the instrument shall not

contain any information inserted by a taxpayer:

1. A return, report, schedule, claim estimate, declaration, or any other

similar document; and

2. A facsimile of information the taxpayer is required to, or may, submit to

the department electronically.