KRS 138.463 — Collection of U-Drive-It tax

renting or leasing a motor vehicle from such holder of the certificate,
subject to the provisions of this section and KRS 138.470.
(2) The provisions of KRS 138.462 and this section shall apply to all rental and
leasehold contracts entered into after March 9, 1990.
(3) A holder of a certificate shall pay the usage tax as provided in KRS 138.460
unless he shows to the satisfaction of the cabinet that he is regularly engaged
in the renting or leasing of motor vehicles to retail customers as a part of an
established business. The issuance of a U-Drive-It certificate under the
provisions of KRS Chapter 281 shall create a rebuttable presumption that the
holder of a certificate is regularly engaged in renting or leasing. Persons first
engaging in the renting or leasing of motor vehicles to retail customers shall, in
addition to obtaining a certificate required under KRS 281.630, demonstrate to
the satisfaction of the cabinet that they are prepared to qualify under the
standards set forth in this subsection.
(4) In the event the holder of such certificate qualifies under subsection (3) of this
section and elects to pay the motor vehicle usage tax by the alternate method
as provided in subsection (1)(b) of this section, or is required by subsection (8)
of this section to pay by the alternate method, he shall pay the fee imposed by
KRS 281.631(3) and in addition shall pay the monthly tax authorized by
subsection (1) of this section.
(5) The tax authorized by subsection (1) of this section shall be the direct
obligation of the holder of the certificate but it may be charged to and collected
from the customer in addition to the rental or lease charges. The tax due shall
be remitted to the cabinet each month on forms and pursuant to regulations
promulgated by the cabinet.
(6) (a) As soon as practicable after each return is received, the cabinet shall
examine and audit it. If the amount of tax computed by the cabinet is
greater than the amount returned by the taxpayer, the excess shall be
assessed by the cabinet within four (4) years from the date the return was
filed, except as provided in paragraph (c) of this subsection, and except
that in the case of a failure to file a return or of a fraudulent return the
excess may be assessed at any time. A notice of such assessment shall
be mailed to the taxpayer. The time herein provided may be extended by
agreement between the taxpayer and the cabinet.
(b) For the purpose of paragraphs (a) and (c) of this subsection, a return filed
before the last day prescribed by law for the filing thereof shall be
considered as filed on such last day.
(c) Notwithstanding the four (4) year time limitation of paragraph (a) of this
subsection, in the case of a return where the tax computed by the cabinet
is greater by twenty-five percent (25%) or more than the amount returned
by the taxpayer, the excess shall be assessed by the cabinet within six (6)
years from the date the return was filed.
(7) Failure of the holder of the certificate to remit the taxes applicable to the rental
charges as provided herein shall be sufficient cause for the Department of
Vehicle Regulation to void the certificate issued to such holder and the usage
tax on each of the motor vehicles which had been registered by the holder
under the certificate shall be due and payable on the retail price of each such
motor vehicle when it was first purchased by the holder.
(8) Notwithstanding the provisions of KRS 138.460 and subsection (1) of this
section, a holder of a certificate operating a fleet of rental passenger cars
which has been registered pursuant to an allocation formula approved by the
cabinet shall pay the tax by the method provided in this section. The provisions
of this section shall apply to all vehicles rented by the holder in this state.
(9) The usage tax reported and paid on every rental or lease of a vehicle
registered pursuant to this section shall be based on the fair market rental or
lease value of the vehicle. Fair market rental or lease value shall be based on
standards established by administrative regulation promulgated by the cabinet.
The cabinet may remove a vehicle from the U-Drive-It program without a
hearing if it is determined by the cabinet that no taxes have been remitted on
that vehicle during the registration period. However, the tax reported and paid
to the Transportation Cabinet shall not be less than the amount due based on
the actual terms of a rental or lease agreement. The burden of proving that the
consideration charged by the holder satisfies this subsection is on the holder.