††††† 103 KAR 44:060. Motor vehicle usage tax valuation.
††††† RELATES TO: KRS 138.450-138.470
††††† STATUTORY AUTHORITY: KRS Chapter 13A, 131.130, 138.460
††††† NECESSITY, FUNCTION, AND CONFORMITY: House Bill 74 enacted by the 1998 Kentucky General Assembly made significant changes in the valuation of motor vehicles for motor vehicle usage tax. KRS 138.460, as amended and effective August 1, 1998, authorizes the Department of Revenue to promulgate administrative regulations prescribing documentation necessary to carry out the provisions of HB 74. KRS 131.130(1) authorizes the department to make administrative regulations for the administration of all tax laws. This administrative regulation establishes the form and procedures required for the implementation of House Bill 74 and replaces emergency administrative regulation 103 KAR 44:060E.
††††† Section 1. Definitions. (1) "Gift" means the transfer of a motor vehicle from one (1) party to another for no consideration or nominal consideration.
††††† (2) "MSRP" means the manufacturer's suggested retail price.
††††† Section 2. The following special valuation procedures shall be followed:
††††† (1) For purposes of establishing retail price for used motor vehicles when a notarized affidavit signed by both the buyer and the seller is not available, retail price shall be the average retail value as listed in the appropriate automotive reference manual prescribed in Section 3 of this administrative regulation.
††††† (2) For purposes of establishing retail price for used motor vehicles whose values do not appear in the automotive reference manuals prescribed by the department, and when a notarized affidavit signed by both the buyer and the seller is not available, retail price shall be determined by the department.
††††† (3) For purposes of establishing retail price for used vehicles of the current model year for which an average retail value has not been published in one of the reference manuals prescribed by the department, retail price shall be eighty-five (85) percent of the MSRP, including the MSRP of all equipment and accessories, standard and optional, and transportation charges.
††††† Section 3. The following automotive reference manuals shall be followed for the valuation of the motor vehicles contained therein for motor vehicle usage tax, listed in order of prescribed use:
††††† (1) Automobiles and light trucks:
††††† (a) NADA Official Used Car Guide‚;
††††† (b) NADA Official Older Used Car Guide;
††††† (c) NADA Classic Collectible and Special Interest Car Appraisal Guide.
††††† (2) Other trucks: NADA Official Commercial Truck Guide‚.
††††† (3) Miscellaneous vehicles:
††††† (a) NADA Recreational Vehicle Appraisal Guide;
††††† (b) NADA Van/Truck Conversion and Limousine Appraisal Guide;
††††† (c) NADA Motorcycle/Snowmobile/ATV/Personal Watercraft Appraisal Guide.
††††† (4) General use: Automotive Invoice Service New Car Cost Guide.
††††† Section 4. (1) If an affidavit of total consideration given is not available and a retail price based on MSRP is prescribed by statute, a copy of the window sticker or other documentation from the manufacturer showing MSRP and listing the base price, all equipment and accessories, standard and optional, and transportation charges shall be provided to the county clerk when a new automobile is presented for registration.
††††† (2) An itemized statement showing the MSRP of any additional equipment and accessories installed by the dealer and not reflected on the window sticker shall also be provided to the county clerk.
††††† (3) If the manufacturer's documentation does not include complete MSRP information, the department shall obtain MSRP information from available sources.
††††† (4) If the manufacturer's invoice to the dealer does not contain MSRP information, the dealer shall provide the county clerk a copy of the manufacturer's invoice and provide an itemized list of all equipment and accessories whether installed by the manufacturer or dealer, plus transportation charges.
††††† (5) Taxable valuation shall then be determined through the use of MSRP information provided in the price reference manual prescribed in Section 3 of this administrative regulation, or other source of MSRP information.
††††† Section 5. Incorporation by Reference. (1) The following items are incorporated by reference:
††††† (a) Revenue Form 71A100, "Affidavit of Total Consideration Given for a Motor Vehicle", October 1998.
††††† (b) Revenue Form 71F001, "Kentuckyís Taxation of Motor Vehicles for Motor Vehicle Usage Tax", December 1998.
††††† (2) These documents may be inspected, copied, or obtained at the Kentucky Department of Revenue, 200 Fair Oaks Lane, Frankfort, Kentucky 40620, or at any Kentucky Department of Revenue Taxpayer Service Center, Monday through Friday, 8 a.m. to 4:30 p.m. (25 Ky.R. 1743; Am. 2126; eff. 2-25-99; Tam eff. 5-20-09.)