136.073 Average net capital tax on open-end registered investment companies

136.073 Average net capital tax on open-end registered investment companies.

(1) Every open-end registered investment company organized under the laws of this

state and registered under the Investment Company Act of 1940 shall on or before

the fifteenth day of the fourth month following the close of each fiscal year, if the

company operates on a fiscal year basis or calendar year, file a report on forms

prescribed by the Department of Revenue and pay directly to the State Treasury a

tax of two dollars and ten cents ($2.10) for each one thousand dollars ($1,000) of

"average net capital" as computed under subsections (2) and (3) of this section.

(2) The term "net capital" as used in this section means capital stock, surplus, borrowed

moneys or any other accounts representing capital of the company less the amount

of such capital which by said company is invested in Kentucky municipal securities

which are obligations issued by the State of Kentucky, its political subdivisions, and

the districts, authorities, agencies and instrumentalities of the state and its political

subdivisions, the interest on which is exempt from federal and Kentucky income

tax.

(3) The term "average net capital" as used in this section means the average of the net

capital of the company as shown on financial statements of the company as of the

first and last days of the fiscal or calendar year of the company, whichever is

applicable.

(4) The Department of Revenue shall examine and audit each report as soon as

practicable after each report is received. Failure to make reports and pay taxes as

provided in this section shall subject the company to the same penalties imposed for

such failure on the part of other corporations.