The Kentucky 51A113 form serves as a vital document for individuals or businesses required to report and remit consumer’s use tax to the Commonwealth of Kentucky. It details the process of declaring purchases of tangible personal property, digital property, and extended warranty services that have not been subjected to Kentucky sales tax. Filling out this form accurately ensures compliance with state tax obligations and avoids potential penalties and interest for late submissions. Click the button below to learn more about how to accurately complete and submit your Kentucky 51A113 form.
For individuals or businesses in Kentucky that have purchased tangible personal property, digital property, or extended warranty services upon which no Kentucky sales or use tax has been paid, the Kentucky 51A113 form, also known as the Consumer's Use Tax Return, is of vital importance. This form, issued by the Commonwealth of Kentucky Department of Revenue, serves as a mechanism to report and remit the use tax due on these purchases. Its design accommodates a straightforward logging of purchases, calculating the 6% use tax rate on the total amount of taxable items bought during a specific month. It also includes sections for applying any applicable compensation, deductions, and calculating penalties or interest for overdue submissions, the details of which are meticulously outlined in the form's instructions. Notably, the form clarifies the types of purchases that qualify, emphasizing that it's applicable only to those who have not paid Kentucky sales or use tax at the point of sale and who are not registered retailers or consumers with the Department of Revenue. By requiring taxpayers to provide detailed information about their purchases, including the sale date, price, and seller’s details, the form plays a crucial role in ensuring tax compliance. Moreover, it specifies deadlines for submission and remittance, along with the repercussions for failure to comply, thereby aiding in the proper administration of the state’s tax laws.
51A113(O) (9-21)
Read instructions on reverse
Commonwealth of Kentucky
CONSUMER’S USE TAX RETURN
before completing return.
DEPARTMENT OF REVENUE
For Month of _____________________ , 20____
Type or Print
Enter Applicable Number:
SSN __ __ __ – __ __ – __ __ __ __
FEIN __ __ – __ __ __ __ __ __ __
Name and
Name
Address
P.O. Box or Number and Street
City or Town
County
State
ZIP Code
Nature of
Important: An accurate description of your business is necessary.
Business
(if any)
List All Purchases of Tangible Personal Property, Digital Property, and Extended Warranty Services Subject to Use Tax
Date of
Sale Price of
Name and Address of Seller
Description of Property
Purchase
Property and Services
Purchased
$
(If additional space is needed, see reverse.)
1.
Total sale price of tangible personal property, digital property, and extended warranty
services subject to use tax
1
2.
Use tax (6% of Line 1)
2
3.
Compensation (1 3/4% of first $1,000 of tax, 1.5% over $1,000)
(see instructions) (Compensation shall not exceed $50)
.............................................................
3
4.
Tax due (Line 2 minus Line 3)
4
5.
Penalty (if any) (see instructions)
5
6.
Interest (if any) (see instructions)
6
7.
Total amount due and payable (total of Lines 4, 5 and 6)
7
I declare, under the penalties of perjury, that this return (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true, correct and complete return.
Date
Taxpayer’s Signature
Make check payable to Kentucky State Treasurer.
Mail return with check to: Department of Revenue
Frankfort, Kentucky 40619
NOTICE
This form is to be filed only by persons or firms liable for use tax who are not: (1) registered consumers or (2) registered retailers. Registered consumers and retailers must use returns mailed to them by the Department, or filed electronically.
INSTRUCTIONS
Time and Place for Filing—A consumer’s use tax return is due 20 days following the month in which a purchase of tangible personal property, digital property, and extended warranty services is made upon which Kentucky sales or use tax has not been paid. The return together with remittance for the total amount due shall be mailed to the Department of Revenue, Frankfort, Kentucky 40619. Remittance should be made payable to the Kentucky State Treasurer.
Tax Rate—The use tax rate is 6 percent of the sales price of all tangible personal property, digital property, and extended warranty services purchased during the month without payment of sales tax.
Sale Price—This means the cost of the tangible personal property, digital property, and extended warranty services to the purchaser less any cash discount received, valued in money or otherwise.
Tangible Personal Property, Digital Property, and Extended Warranty Services—Tangible Personal Property means personal property that is tangible and movable such as mobile homes, campers, airplanes, lumber, clothing, tools, machines, furniture and all other types of goods and merchandise. Digital property means any of the following which is transferred electronically: digital audio works, digital books, finished artwork, digital photographs, periodicals, newspapers, magazines, video greeting cards, audio greeting cards, video games, electronic games and any digital code related to this property. Extended warranty services means services provided through a service contract agreement between the contract provider and the purchaser where the purchaser agrees to pay compensation for the contract and the provider agrees to repair, replace, support, or maintain tangible personal property or digital property according to the terms of the contract. Extended warranty services are only subject to use tax provided the service agreement is sold or extended after July 1, 2018, and the tangible personal property or digital property for which the service agreement is purchased is subject to tax under KRS 139 or KRS 138.460.
Completing the Return—List in the space provided all purchases of tangible personal property, digital property, and extended warranty services subject to use tax, and enter the total on Line 1. All tangible personal property, digital property, and extended warranty services purchased for storage, use or consumption without payment of Kentucky sales and use tax should be listed and included on Line 1.
Penalties and Interest—The penalty for failure to file a return by the due date is 2 percent of the tax for each 30 days or fraction thereof. The total late filing penalty shall not exceed 20 percent of the tax except when the percentage penalty would be less than $10. In such case the penalty shall be $10. Interest will apply to any late payments as provided by KRS 131.183. To calculate the interest, divide the annual interest percentage for underpayments (for 2018 6%) by 365 days and multiply the result by the number of days late times the tax amount. (Example: for 2021, .05/365 X “#” of days late X “$” tax amount.)
The penalty for failure to pay the tax within the time prescribed is 2 percent of the tax not timely paid for each 30 days payment is late—a minimum of $10 is imposed.
Compensation—Compensation is not allowable on any tax not paid on or before the due date. (Compensation shall not exceed $50.)
Additional Space for Listing Tangible Personal Property, Digital Property, and
Extended Warranty Services Subject to Use Tax
Subtotal: Sale price of purchases (include in total on Line 1, front page) .............................................
Understanding the intricacies of tax forms can be daunting, yet it's a critical aspect of compliance for individuals and businesses alike. The Kentucky 51A113 form serves as a mechanism for reporting and paying the use tax on purchases of tangible personal property, digital property, and extended warranty services where Kentucky sales or use tax hasn't been previously paid. Filling out this form accurately ensures compliance with Kentucky's tax laws and avoids potential penalties and interest. Here is a straightforward guide to assist you in accurately completing the Kentucky 51A113 form.
By following these steps meticulously, you can complete the Kentucky 51A113 form with confidence, ensuring compliance with state use tax obligations. Remember, timely and accurate filing safeguards against unnecessary penalties and supports the smooth operation of your business or personal tax responsibilities.
Frequently Asked Questions (FAQs) about Kentucky Form 51A113, Consumer's Use Tax Return:
Kentucky Form 51A113 is designated for the reporting and payment of consumer’s use tax to the Commonwealth of Kentucky. It is utilized by individuals or entities that have acquired tangible personal property, digital property, or extended warranty services for storage, use, or consumption in Kentucky without the payment of Kentucky sales tax at the time of purchase. This form ensures compliance with state tax obligations.
This form must be filed by any individual or firm that has made purchases subject to the use tax and is neither a registered consumer nor a registered retailer with the Kentucky Department of Revenue. Registered consumers and retailers have different avenues for reporting and remitting use tax, typically through returns provided by the Department or filed electronically.
The consumer’s use tax rate on Form 51A113 is set at 6 percent. This rate applies to the sales price of all tangible personal property, digital property, and extended warranty services purchased during the month that were not previously subjected to Kentucky sales tax.
The form is due 20 days following the month in which the taxable purchase was made. It is critical to adhere to this timeline to avoid penalties and interest for late filings. The completed form, along with the remittance for the total amount due, should be sent to the Kentucky Department of Revenue by the prescribed deadline.
To accurately complete Form 51A113, list all the purchases of tangible personal property, digital property, and extended warranty services subject to use tax in the designated space provided. Entries must include the date of sale, price of each purchase, and the name and address of the seller for each transaction. Total the sale prices and calculate the use tax owed by applying the 6% rate. Subtract any applicable compensation (as detailed in the instructions) from the tax owed to find the total tax due. Ensure to include any penalties or interest if the form is filed late.
Yes, penalties and interest accrue for late filings or payments with Form 51A113. The penalty for failure to file by the due date is 2 percent of the tax due for each 30 days or fraction thereof, up to a maximum of 20 percent of the tax owed, unless the calculated percentage is less than $10, in which case a minimum penalty of $10 is imposed. Additionally, interest is charged on late payments, calculated based on the annual interest percentage for underpayments specified by KRS 131.183, proportionally applied to the number of days the payment is late. It's worth noting that compensation is not allowable for any tax not paid by the due date.
Filling out the Kentucky 51A113 form, which is designed for reporting consumer's use tax, is a task that requires careful attention to detail. Despite the form's straightforward layout, mistakes can easily be made. Here are nine common errors to watch out for:
Each of these mistakes can lead to delays, penalties, or incorrect tax assessments. It's important always to double-check the information provided against the instructions to ensure accuracy. Keep in mind that the goal of the 51A113 form is to ensure all applicable purchases are correctly taxed, contributing to the state's revenue and the fairness of tax administration. By avoiding these common errors, filers can contribute to a smoother process for both themselves and the Department of Revenue.
In summary, paying close attention to the details and thoroughly reviewing your entries before submission can make a significant difference in the successful filling of the Kentucky 51A113 form. Remember, taking a few extra moments to review can save a lot of time and avoid potential issues down the line.
When preparing a Kentucky 51A113 form, which is a Consumer's Use Tax Return, businesses must provide detailed information on out-of-state purchases where Kentucky sales or use tax wasn't paid at the time of purchase. This ensures proper tax compliance and supports Kentucky's tax system. To complete this process accurately, several other documents and forms may be necessary. Here is a list of commonly used documents alongside the Kentucky 51A113 form.
Compiling and organizing these documents in advance can streamline the process of reporting and paying use tax on out-of-state purchases. By ensuring that all necessary information and paperwork are prepared, businesses can fulfill their tax obligations efficiently and accurately.
The Kentucky 51A113 Consumer’s Use Tax Return bears resemblance to the IRS Form 1040 for federal income tax filing in its structure and purpose. Just as the 1040 form collects income tax due to the federal government, the 51A113 form is used to report and remit use tax owed to the Commonwealth of Kentucky. Both forms require taxpayers to list relevant financial transactions—earnings, for the 1040, and tangible personal, digital property, and extended warranty services purchases for the 51A113. Moreover, taxpayers calculate the tax owed, apply possible deductions or credits, and report the total amount due.
Another document that echoes the 51A113 form's objectives is the Sales and Use Tax Return form used in many states. These forms are designed to capture taxes due on sales and purchases where sales tax was not collected at the point of sale. Similarities include the listing of qualifying purchases, calculation of tax based on a percentage of the sales price, and the adjustment for any permissible deductions or credits. Both forms are essential for ensuring that sales and use taxes are properly collected and remitted to the respective state treasury departments.
The Business License Renewal forms found in many local jurisdictions share functional similarities with the Kentucky 51A113 form. While the Business License Renewal forms are typically focused on the operation of a business within a specific area, they often require the reporting of gross receipts or sales, which can include the purchase of tangible goods or services. This characteristic mirrors the 51A113's requirement to report purchases subject to use tax, further illustrating how both types of documents are utilized in the governance of business operations and tax liabilities.
Equally, the Property Tax Declaration forms that property owners must fill out for their local county offices resemble the Kentucky 51A113 form in their focus on declaring the value of certain assets. In the case of Property Tax Declarations, the emphasis is on real and personal property for the purpose of assessing property taxes. The 51A113 form, by contrast, deals with the tax assessment of purchases made that were not taxed at the time of sale, highlighting the broader theme of tax liability declaration shared between the forms.
Lastly, Vehicle Registration forms that state departments of motor vehicles provide have similarities with the 51A113 form. These forms often involve the declaration of the purchase price or fair market value of a vehicle for the calculation of registration fees, which can include a use tax component. Both documents rely on the accurate reporting of values to ensure the correct tax and fee amounts are collected, emphasizing the responsibility of the individual or business in reporting to state authorities.
Filling out the Kentucky 51A113 form, a Consumer’s Use Tax Return, involves careful attention to ensure accuracy and compliance with Kentucky tax laws. Here are essential dos and don’ts to consider:
Adhering to these guidelines can help ensure that the filing process is smooth and that you remain compliant with Kentucky tax laws. Remember, tax compliance not only contributes to state revenue but also helps maintain fairness and equity in the tax system.
When it comes to the Kentucky 51A113 form, there are quite a few misunderstandings floating around. It's time to clear the air and set the record straight on some of the most common misconceptions.
Only businesses need to file it: A lot of people think the 51A113 is strictly for businesses. In reality, it's for any person or firm who purchases tangible personal property, digital property, or extended warranty services for use in Kentucky without paying sales tax at the time of purchase. This could include individuals buying high-ticket items from out-of-state vendors.
It's complicated to fill out: While any tax form can seem daunting at first glance, the 51A113 is designed to be straightforward. The form clearly lays out what information you need to provide, from the nature of your business (if applicable) to detailing your purchases subject to use tax.
You can only file it on paper: Though the form does suggest mailing a physical copy along with a check, don't be misled into thinking paper is your only option. Kentucky encourages electronic filing for many of its tax forms, including the 51A113, making the process quicker and more eco-friendly.
There's no penalty for late filing: This is a dangerous assumption. If you file the 51A113 late, you're liable for a 2% penalty of the tax for each 30 days or fraction thereof that you're late, up to 20%. And if your penalty comes out to less than $10, you'll be charged a flat $10 instead.
Registered businesses are exempt: Actually, the notice on the form explicitly states it's not for registered consumers or registered retailers, who have their own filing protocols. That means if you're registered, you should be using a different filing process, not avoiding it altogether.
You can't get compensation: Compensation, although capped at $50 and subject to conditions, is available for those who file and pay on time. It's calculated as a percentage of the first $1,000 of tax, making timely filing slightly more rewarding.
Everything is taxed at the same rate: The form outlines that the use tax rate is 6% of the sales price of the taxable items purchased. However, this doesn't mean all your purchases are taxed; only those for storage, use, or consumption in Kentucky where sales tax wasn't paid at the point of sale are subject to this tax.
Use tax and sales tax are interchangeable: Though both pertain to the taxation of goods and services, use tax specifically applies to purchases made without paying Kentucky sales tax. It's a common misconception they're one and the same when, in fact, use tax is a complement to sales tax, covering purchases made outside the traditional sales tax collection system.
Digital goods are exempt: In the digital age, it's easy to assume digital goods might slip through the cracks. However, the Kentucky 51A113 form clearly covers digital property, meaning your digital downloads and electronic goods are just as taxable as physical ones if no sales tax was paid.
Understanding the Kentucky 51A113 form doesn't have to be a headache. By addressing these misconceptions, you're now better equipped to comply with the state's use tax requirements and avoid any pitfalls along the way. Remember, when in doubt, refer directly to the instructions provided with the form or consult a tax professional.
Filing a Kentucky 51A113 form is an important process for those who have made purchases of tangible personal property, digital property, or extended warranty services without paying sales tax to the Commonwealth of Kentucky. Below are eight key takeaways to help guide individuals through this process:
Comprehending these aspects of the Kentucky 51A113 form can significantly simplify the process of reporting and paying use tax, ultimately contributing to a smoother transaction with the state's Department of Revenue.
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