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96-1

BULLETIN

TO: ALL INSURERS SUBJECT TO KENTUCKY LOCAL GOVERNMENT

PREMIUM TAXES

FROM: THEODORE RICH, COMMISSIONER OF INSURANCE SCHEDULE AND LISTING OF PAYEES AND ADDRESSES

DATE: APRIL 8, 1996

REVISED KENTUCKY LOCAL GOVERNMENT PREMIUM TAX SCHEDULE AND LISTING OF PAYEES AND ADDRESSES:

Enclosed is the 1996-1997 Kentucky Local Government Premium Tax Schedule and the listing of

payees and addresses. The cities/counties that have adopted or amended their taxes, payees, or

addresses since the publication of Edition 95-4 are indicated with an asterisk (*). PLEASE NOTE

CHANGES IN TAX CODE IDENTIFICATIONS.

(502) 564-1649 - NEW PHONE NUMBER FOR LOCAL GOVERNMENT PREMIUM TAX UNIT:

You must adopt procedures to conform to the 1996-1997 schedule by July 1, 1996. The 1996-1997

schedule applies only to premiums received after July 1, 1996, and is effective until June 30, 1997.

KRS 91A.080 now only allows the cities and counties to change or impose ordinances effective July 1

of each year. Therefore, notification will be sent annually at least 85 days prior to the effective date of

July 1.

FILING:

Please read the attached instructions when filling out each form. When it is necessary to file amended

annual reconciliations (LGT-180), submit a form filled out in its entirety and include the necessary

corrections.

MINIMUM TAXES:

Unless otherwise stated, a minimum tax is a per-quarter total for all lines that are sub3ect to the local

government premium tax in that municipality. Whenever there is a tax liability for a quarter, the

company must pay at least the listed minimum amount to the city/county. The company would collect

the tax due from the policyholders, and if that amount is below the listed minimum, the company would

pay the additional amount to meet the minimum.

1992 AMENDMENT TO KRS 91A.080:

Effective July 14, 1992, KRS 91A.080 was amended regarding the collection and payment of

these taxes. The insurer must use the tax rate effective on the first day of the policy term. When an

insurer collects a premium as a result of a change in the policy during the policy term, the tax rate

used shall be the rate in effect on the effective date of the policy change. As to return of premiums to

policyholders, KRS 91A.080 now specifies that the tax on the unearned premium shall be returned to

the policyholder at the same rate at which the tax was collected and shall be taken as a credit by the

insurer on its next quarterly report to the local government. When reporting returned premiums on the

annual reconciliation (LGT-140), if the tax rate of the returned premium is different from the tax rate of

the quarter in which it was returned, the returned premiums and the rate at which they were returned

must be listed as a separate line item.

TAX INTEREST RATE:

KRS 91A.080 (9) provides that any Kentucky Local Government Premium Tax not paid on or before the

due date shall bear interest from the date the tax is due until paid at the tax interest rate prescribed by

the Kentucky Revenue Cabinet. In November 1995 the Kentucky Revenue Cabinet established the

annual interest rate for 1996 at 9%. Any taxes not paid 30 days after the end of each calendar quarter

must include this interest penalty. Please call the Local Government Premium Tax Unit for the proper

rate. when applicable.

ZIP CODES:

Zip codes cannot be used to determine the tax liability. Pursuant to KRS 91A.080 and The Important

Instructions (#11) within each schedule, the location of the risk must be within the corporate limits of

the city or county or urban-county government in order to be subject to the LGPT imposed by that

taxing authority. Since many mailing addresses are not where the risk is located, they could be within

more than one county, or on a county line, therefore zip codes cannot be used to determine the tax

liability. It is imperative the company identify the specific county and/or city in which the risk is located

in order to properly assess the local government taxes. Enforcement efforts are continuing in this area

and civil penalties are being assessed where it is found that a company is using zip codes to determine

the tax liability.

ADDITIONAL COPIES OF BULLETIN:

Additional copies of this bulletin and its attachments are available upon written request and $5.00 fee

paid in advance. Checks should be made payable to: KENTUCKY STATE TREASURER. Mail to;

LGPT, Kentucky Department of Insurance, P. 0. Box 517, Frankfort, KY 40602.

ATTACHMENTS:

1. 1996-1997 Kentucky Local Government Premium Tax Schedule

2. 1996-1997 Kentucky Local Government Premium Tax Listing of Payees and Addresses

3. Form LGT 140 (11/90), Annual Reconciliation

4. Form LGT 141 (11/90), Quarterly Return

5. Form LGT 142 (11/90), City Credits Against County Taxes