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History of Major Changes |
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1946 |
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1957 |
General Assembly enacted Uniform Municipal Income Tax Law establishing wide regulations. |
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1987 |
Municipalities prohibited from imposing a tax on intangible income. Taxes already in effect permitted through tax year 1988, unless made permanent by referendum. Two municipalities used this option and continued to tax intangible income. |
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1992 |
Municipalities authorized to grant job creation credits. |
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1993 |
Authorized municipal income taxes to be shared with a school district. |
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1997 |
Municipalities permitted to exempt stock options. |
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1999 |
Effective |
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More uniform standards established. |
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Beginning in 2001, a nonresident working 12 or fewer days in the municipality is not subject to its municipal income tax. The 12-day rule does not apply to professional athletes, entertainers, or their promoters. |
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Beginning 2003, a municipality that taxes pass-through entities required to grant to resident taxpayers a credit for taxes paid by a pass-through entity to another municipality if the pass-through entity does not conduct business in the municipality where the taxpayer resides. |
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Tax Commissioner made responsible for administration of the tax s it applies to electric companies. |
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2000 |
No new joint municipal/school district taxes permitted. |
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2003 |
Effective |
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2004 |
Certain single member limited liability companies permitted to elect to be separate taxpayers from their single members. |
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Businesses required to add-back tax exempt stock options in the apportionment of their net profits. |
Taxpayer
For most taxpayers, wages and salaries are subject to withholding by the employer who sends the payment monthly to the municipality.
Taxpayers who have taxable income on which tax has not been withheld must file quarterly declarations.
The tax also applies to businesses which have net profits earned within the municipality.
Tax Base
The tax is generally imposed on;
Wages, salaries, and other compensation earned by residents of the municipality and by nonresidents working in the municipality.
Net profits of business (both incorporated and unincorporated) attributable to activities in the municipality. Net profits are apportioned using equal weighting of property, payroll, and sales inside the municipal corporation relative to those factors for the business everywhere.
Rates
State law requires a flat rate within a municipality. The rate is determined locally. The maximum rate without voter approval is 1.0%.
In 2005, the most recent year for which data is available, 558 municipalities (234 cities and 324 villages) levied the tax. Rates ranged from a low of 0.30% to 3.00%.
Major Exemptions
Stat law requires exemption of:
Military pay or allowances.
Income of religious, charitable, or educational institutions to the extent derived from tax-exempt property or activities.
Public utilities that are subject to the public utilities tax.
Interest and dividends.
Pensions and disability benefits.
Capital gains and losses (exempted by most cities; state law does not require exemption).
Personal exemptions are not granted.
Revenue (In Millions) Calendar Year Total 2001 $3353.9 2002 $3358.5 2003 $3443.7 2004 $3538.3 2005 $3776.5
Disposition of Revenue
Collections are placed into the general fund of the municipality imposing the tax, although some municipalities earmark portions of revenue for capital improvements, bond retirement, and administration of the tax.
Payment Dates
Between January 1 and April 15, taxpayers generally file annual returns, reconciling tax liability with the amount remitted through withholding and estimated payments.
Taxpayers making quarterly estimated payments file an annual return by April 30 of the current taxable year, and quarterly payments are made by April 30, July 31, October 31, and January 31.
Special Provisions/Credits
Partial or full credit can be given to residents who pay municipal income taxes to a different municipality where they are employed.
Prior to 2001, if a school district is at least 95% coterminous with one or more municipalities, a municipal income tax can be passed for which the revenue is shared with the school district. The city of
Section of
Chapter 718.
Responsibility for Administration
Municipality imposing the tax or a central collection agency representing various municipalities.
Comparisons with Other States (as of 05/07)
County Economic Development Income Tax (CEDIT):Counties are authorized to impose a county economic development tax on the AGI of residents and nonresidents employed in the county (excluding nonresidents that live in a county with an economic development income tax).
The total of a county's economic development tax and the adjusted gross income tax cannot exceed 1.25%; the economic development tax combined with the county option income tax cannot exceed 1.0% except under special circumstances when it could go to 1.25%.
Lexington-Fayette Urban
