Title 103 | Chapter 031 | Regulation 090


103 KAR 31:090.Tax-paid purchases resold.

Section 1.

Definition. "Tax-paid purchases resold" means a sales and use tax deduction taken by a retailer on the sales tax return in the amount of the purchase price of property where the retailer:

(1)

Sells the property before making any use thereof, other than retention, demonstration, or display while holding it for sale in the regular course of business;

(2)

Reports the sale and remits applicable sales and use tax on the sales price of the property; and

(3)

Has previously paid the Kentucky sales or use tax on the purchase price of the property.

Section 2.

The tax-paid purchases resold deduction described in Section 1 of this administrative regulation may be used in any of the following circumstances:

(1)

The retailer, when making the purchase, intends to use the property rather than resell it but later resells it before making any use thereof;

(2)

The particular property is not of a kind ordinarily sold or stocked by the retailer and not customarily covered by resale certificates given to their vendors;

(3)

The particular property is generally for the use of the retailer, but a small portion is incidentally resold; or

(4)

Through error, sales or use tax is paid by the retailer with respect to the purchase price of property purchased for resale in the regular course of business.

HISTORY: (SU-61; 1 Ky.R. 233; eff. 1-8-1975; TAm eff. 6-9-2009; TAm eff. 6-22-2016; Crt eff. 1-28-2020; 46 Ky.R. 1598; eff. 5-5-2020.)

7-Year Expiration: 5/5/2027

Last Updated: 12/15/2021


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