KRS 132.825 — Listing of property required

(1) It shall be the duty of all persons providing communications services or
multichannel video programming services defined under KRS 136.602 owning or
having any interest in tangible personal property in this state to list or have listed the
property with the department between January 1 and May 15 in each year reporting
the full details, a correct description of the property and its value.
(2) The department shall have sole power to value and assess all tangible personal
property of multichannel video programming service providers and communications
service providers. Such property shall be valued and assessed in accordance with
procedures established for locally assessed tangible property. The department shall
develop forms for reporting.
(3) Providers of multichannel video programming services or communications services
shall not be required to list, and the department shall not assess intangible property
as defined in KRS 132.010.
(4) It is the intent of KRS 136.600 to 136.660 to relieve communications serv ice
providers and multichannel video programming service providers from the tax
liability imposed under KRS 136.120 by:
(a) Requiring real, tangible, and intangible property owned by communications
service providers and multichannel video programming servi ce providers to
be assessed and taxed in the same manner as real, tangible, and intangible
property of all other taxpayers under KRS Chapter 132 excluding KRS
132.030; and
(b) Replacing revenues received from communications service providers and
multichannel video programming service providers under KRS 136.120,
attributable to the franchise portion of operating property as defined in KRS
136.115, with the levy imposed under KRS 136.616.
To the extent that any tangible or intangible property was considered a part of the
franchise portion of operating property under KRS 136.115 and 136.120 for tax
periods ending prior to January 1, 2006, for a communications service provider or a
multichannel video programming service provider, such property shall be exempt
from taxation under KRS Chapter 132 and shall not be listed, valued or assessed
under this section for tax periods beginning on or after December 31, 2005.
(5) It is also the intent of KRS 136.600 to 136.660 that for communications service
providers and mu ltichannel video programming service providers the following
items, to the extent these items are intangible property, shall be exempt from
taxation under KRS Chapter 132 and shall not be listed, valued, or assessed by the
department or local jurisdictions. The items include but shall not be limited to:
(a) Franchises;
(b) Certificates of public convenience and necessity;
(c) Licenses;
(d) Authorizations issued by the Federal Communications Commission or any
state public service commission;
(e) Customer lists;
(f) Assembled labor force;
(g) Goodwill;
(h) Managerial skills;
(i) Business enterprise value;
(j) Speculative value; and
(k) Any other type of personal property that is not tangible personal property.
(6) Any person dissatisfied with or aggrieved by the finding or ruling of the department
may appeal the finding or ruling in the manners provided in KRS 131.110.
(7) All persons in whose name property is assessed shall remain bound for the tax,
notwithstanding that they may have sold or parted with it.
(8) The department shall allocate the assessed value of property described in subsection
(1) of this section among the counties, cities, and taxing districts. The assessed
value shall be allocated to the county, city, or taxing district where the property is
situated.
(9) The department shall certify, unless otherwise specified, to the county clerk of each
county in which any of the property assessment listed by the corporation is liable to
local taxation, the amo unt of tangible personal property liable for county, city, or
district tax.
(10) No appeal shall delay the collection or payment of taxes based upon the assessment
in controversy. The taxpayer shall pay all state, county, and district taxes due on the
valuation that the taxpayer claims as the true value as stated in the protest filed
under KRS 131.110. When the valuation is finally determined upon appeal, the
taxpayer shall be billed for any additional tax and interest at the tax interest rate as
defined in KRS 131.010(6), from the date the tax would have become due if no
appeal had been taken. The provisions of KRS 134.015(6) shall apply to the tax bill.
(11) The certification of valuation shall be filed by each county clerk in the clerk's office
and shall be certified by the county clerk to the proper collecting officer of the
county, city, or taxing district for collection. Any district that has the value certified
by the department shall pay an annual fee to the department that represents an
allocation of the department's operating and overhead expenses incurred in
generating the valuations. This fee shall be determined by the department and shall
apply to valuations for tax periods beginning on or after January 1, 2005.