Notice to Remote Vendors
Out-of-state retailers with no legal requirement to collect tax in this state, and who expect more than $100,000 in gross annual sales to Kentucky residents, must notify their Kentucky customers that use tax must be reported and paid directly to the Department of Revenue on applicable purchases in accordance with KRS 139.450.
The notice must be readily visible and contain the information set forth as follows:
- The retailer is not required to and does not collect Kentucky sales or use tax;
- The purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky;
- The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means; and
- The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue.
View recent correspondence on this subject.
Credit Against the Kentucky Use Tax Due
You may reduce or eliminate the amount of Kentucky use tax due by the amount of a different state sales tax paid on the same property to the out-of-state seller. The reduction may not exceed the amount of Kentucky use tax due on the purchase. For example, if Georgia state sales tax of 4 percent is paid, only the additional 2 percent is due to Kentucky, or if Illinois state sales tax of 6.25 percent is paid, no additional Kentucky use tax is due. - Sales tax paid to a city, county or country cannot be used as a credit against the Kentucky use tax due.
Use Tax Look-Up Table to Assist Taxpayers in Reporting Untaxed Retail Purchases
Recent statistics on retail sales confirm that more and more consumers are establishing a tax liability for themselves through increased use of online shopping. Every year, internet sales continue to increase more rapidly than traditional brick and mortar stores.
Kentucky consumers are required to report use tax on their individual income tax returns to accurately reflect their tax liability, and to ensure that our Kentucky-based retailers are not unfairly undercut by competing out-of-state retailers that fail to collect the tax on taxable products delivered into Kentucky.
When a web-based retailer or any out-of-state retailer does not collect the 6 percent Kentucky sales and use tax, the consumer is responsible for reporting and paying use tax on those untaxed purchases, in accordance with
KRS 139.330. The easiest way for the individual consumer to report and pay the use tax is on the state income tax return.
The Look-Up Table provides an option to report estimated use tax owed on retail purchases based upon Kentucky adjusted gross income when receipts are not readily available to calculate the actual unpaid use tax liability.