Kentucky Form Help

The following information has been provided to assist in the preparation of Kentucky state tax returns.

 

Form KY 740

File Form KY 740 if any of the following apply:

The taxpayer:

1. Has Kentucky income tax withheld from wages or pays estimated tax

2. Meets the Kentucky filing requirements based on family size and modified adjusted gross income (see instructions)

3. Is a resident of Kentucky employed out of state

4. Is a resident of Kentucky employed in a foreign country on a temporary or transitory basis

5. Is a survivor or representative of a deceased taxpayer

 

Residency:

1. Resident:

   An individual who:

   - Maintains an apartment, home, or other place of abode in Kentucky

   - Exercises the rights of citizenship in Kentucky by meeting the requirements as a voter

2. Part-Year Resident:

   An individual who:

   - Moved into Kentucky during the year to maintain residence from another state or country

   - Moved out of Kentucky during the year to maintain residence in another state or country

3. Non-Resident:

   An individual who does not:

   - Maintain an apartment, home, or other place of abode in Kentucky

   - Exercise the rights of citizenship in Kentucky by meeting the requirements as a voter

 

Reciprocal States:

Kentucky has reciprocal agreements with specific states. These agreements provide that taxpayers be taxed by their state of residence, and not the state where income is earned.

 

Interest on Underestimate of Estimated Tax Payments:

Interest is applicable if any of the following apply:

The taxpayer:

1. Fails to file the required estimated tax return and pay the tax within the time allowed

2. Underestimated the required amount

 

Interest:

The interest rate is assessed at the "tax interest rate" from the original due date of the return, to the date of payment.

For 2014, the rate is 6%.

 

Late Payment Penalty:

If any state taxes due are paid after April 15, the taxpayer will owe an additional amount for a late payment penalty from April 15, to the date of payment. The penalty rate is 2% of the total tax due for each 30 days or fraction thereof that a return is not filed may be assessed, not to exceed 20%. The minimum penalty is $10. If  75% of the tax due is paid in a timely manner, no late payment penalty will be assessed.

 

Late Filing Penalty:

If the Kentucky individual income tax return is not filed by October 15, the taxpayer will owe an additional amount for a late filing penalty. The penalty rate is 2% per month of the tax amount shown on the income tax return. The minimum late filing penalty is $10. The maximum late filing penalty is 20%.

 

Form KY 740NP

File Form KY 740NP if any of the following apply:

The taxpayer:

 1. Is a nonresident

 2. Has any income from Kentucky sources

 

Residency:

1. Resident:

   An individual:

   - Who thinks of Kentucky as his/her permanent home

   - Whose center of financial, social, and family life is Kentucky

   - Who intends to come back to Kentucky when away

2. Part-Year Resident:

   An individual who:

   - Moved into Kentucky during the year to maintain residence from another state or country

   - Moved out of Kentucky during the year to maintain residence in another state or country

3. Non-Resident:

   An individual:

   - Whose permanent home is outside of Kentucky all year

 

Reciprocal States:

Kentucky has reciprocal agreements with specific states. These agreements provide that taxpayers be taxed by their state of residence, and not the state where income is earned.

 

NOTE: Reciprocity does not apply to persons who lived in

      Kentucky for more than 183 days during the tax year.

 

The states and types of exemptions are:

Illinois, Ohio, West Virginia - wages and salaries

Indiana - wages, salaries, and commissions

Michigan, Wisconsin - income from personal services

Virginia - commuting daily, salaries and wages

 

NOTE: Taxpayers who qualify for this exemption and have no other

      Kentucky taxable income should file Form 740-NP-R.

 

To avoid paying penalty and interest:

 - Pay by the original due date at least 70% of the tax due on the return or 100% of the total tax reported last year, and

 - File the return and pay the tax due by the extended due date

 

Late Payment Penalty

If any state taxes due are paid after April 15, the taxpayer will owe an additional amount for a late payment penalty from April 15, to the date of payment. The penalty rate is 2% per month or fraction of a month to a maximum of 20%.

 

Late Filing Penalty:

If the Kentucky individual income tax return is not filed by October 15, the taxpayer will owe an additional amount for a late filing penalty. The penalty rate is 2% per month or fraction of a month to a maximum or 20%.

 

Interest:

Interest applies on delinquent tax from the original due date of the return until the tax is paid even if an extension of time is granted.

 

Form KY 740X

File Form KY 740X to correct any errors made on the originally filed Kentucky individual income tax return. In general, if the taxpayer amended the Federal individual income tax return, the Kentucky individual income tax return must be amended.

 

NOTE: An amended return can be filed within 3 years of the

      original due date of the return, including extensions.

 

Use Form KY 740 NP to correct a nonresident or part-year resident return.

 

Schedule A

File Schedule A to report itemized deductions for a Kentucky resident return. In general, if the taxpayer itemized deductions on the Federal individual income tax return, itemize deductions on the Kentucky individual income tax return. However, if the taxpayer didn't itemize deductions on the Federal individual income tax return, he/she may still itemize deductions on the Kentucky individual income return.

 

Enter "M" on federal Schedule A, state use field  next to medical expenses to carry the amount to KY Schedule M, line 14. When code "M" entered, this amount will NOT carry to KY Schedule A, line 1.

 

 

Schedule P:

File Schedule P to report pension income to be excluded from income for the current year.

 

All pension and retirement income paid under a written retirement plan is eligible for exclusion. If filing Form 740-NP, report only pension income received while a resident of Kentucky.

 

Pension information will carry to Schedule P, Part I, line 1a if a code “A” is entered on 1099-R, state use box (US04 8240). Information will carry to Schedule P,

Part I, Line 1b if a code “B” is entered on 1099-R, state use box (US04 8240).

 

Schedule M:

File Schedule M to report any modifications to federal adjusted gross income.

 

Enter "M" on federal Schedule A, state use field  next to medical expenses to carry the amount to KY Schedule M, line 14. When code "M" entered, this amount will NOT carry to KY Schedule A, line 1.

 

Other Additions

Other additions may include:

 - the portion of a lump-sum distribution on which the

   taxpayer elected the 20% capital gains rate for federal income tax purposes.

 - the federal net operating loss deduction

 - the passive activity loss adjustment from Form KY 8582-K

 - differences in pension and IRA bases

 - differences in gains (losses) from the sale of intangible

   assets amortized under the provisions of the Revenue

   Reconciliation Act of 1993

 - differences in gains (losses) from the sale of depreciable property placed in service after September 10, 2001.

 

Other Subtractions

Other subtractions may include:

 - income received as a result of the Master Tobacco Settlement Agreement

 - income received from the Tobacco Loss Assistance Program

 - income of precinct workers for election training or working at election booths

 - capital gains on property taken by eminent domain

 - Kentucky net operating loss deduction

 - passive activity loss adjustment from Form KY 8582-K

 - income of a child reported on the parent's return

 - artistic charitable contributions, if taxpayer does not itemize deductions

 - the federal work opportunity credit used to reduce wages

 - at-risk limitations

 - accelerated depreciation of a qualified farm networking project

 - differences in gains (losses) from the sale of intangible assets amortized under the provisions of the Revenue Reconciliation Act of 1993

 - differences in gains (losses) from assets purchased after September 10, 2001.

 

Schedule A (NR)

File Schedule A (NR) to report itemized deductions for a Kentucky nonresident or part-year resident return. In general,if the taxpayer itemized deductions on the Federal individual income tax return, itemize deductions on the Kentucky individual income tax return. However, if the taxpayer didn't itemize deductions on the Federal individual income tax return, he/she may still itemize deductions on the Kentucky individual income return.

 

 Enter "M" on federal Schedule A, state use field  next to medical expenses to carry the amount to KY 740-NP, line 31. When code "M" entered, this amount will NOT carry to KY Schedule A, line 1.

 

 

Schedule ME

File Schedule ME to report taxable moving expense reimbursements, as well as deductible moving expenses.

 

Full Year Nonresidents:

Moving expense reimbursements are not taxable and moving expenses are not deductible if you are a full year nonresident.

 

Part-Year Residents:

Any payments made to the taxpayer or by any employer on the taxpayer's behalf are considered income for a part-year resident. These payments will be included in wages (box 1) or will be shown separately (box 13) on the wages and tax statements.

 

The amount which must be reported to Kentucky as income is based on the percentage of Kentucky earned income to total earned income.

 

Form 740ES

File Form 740ES to pay Kentucky income tax liability not prepaid through withholding.

 

Estimated tax payments must be filed if the taxpayer and/or spouse can reasonably be expected to have income from sources other than wages in an amount more than $5,000.  If the amount of estimated tax due is less than $500, no declaration of estimated tax is required to be filed.

 

Interest:

Underestimating the required amount of tax or failure to file estimated tax returns and pay the tax within the time allowed will result in an assessment of interest.

 

Form 40A102

File Form 40A102 to request a four month extension of time to file the Kentucky individual income tax return.

 

If the taxpayer expects to owe additional tax, all of the state taxes due must be paid with Form 40A102 by April 15.

 

Late Payment Penalty:

If any state taxes due are paid after April 15, the taxpayer will owe an additional amount for a late payment penalty from April 15 to the date of payment. The penalty rate is 2% per month. The maximum penalty is 20%.

 

Late Filing Penalty:

If the Kentucky individual income tax return is not filed by October 15, the taxpayer will owe an additional amount for a late filing penalty. The penalty rate is 2% per month. The maximum penalty is 20%.

 

NOTE: Form 40A102 only extends time to file the Kentucky

      individual income tax return. It does not extend the

      due date for payment of Kentucky income taxes due.

 

KY 2210-K

KY 2210-K must be filed if the taxpayer expects to owe $500 or more in Kentucky income tax after subtracting:

a) Kentucky income tax that was withheld from income

b) Kentucky estimated tax payments made

 

And he/she expects credits and withholding to be less than the smaller of:

a) 100% of prior year's total tax liability

b) 70% of current year's tax liability

 

A penalty may be assessed if any of the following apply:

a) Did not pay enough estimated tax

b) Did not pay on time

c) Did not pay the required amount

 

A penalty may be assessed if less than 70% of the current year tax liability is paid. The penalty is 10% of the tax unpaid. The minimum penalty is $25.

 

Form 8879-K

To ensure that taxpayer comply with Kentucky tax laws, Form 8879-K must be completed. Retain Form 8879-K, do no mail to the Kentucky Revenue Cabinet.

 

Attach the following items to Form 8879-K:

- W-2s, W-2Gs, 1099-Gs, and 1099s

- Copy of other state's return and proof of payment if claiming credit for income taxes paid to other state.

 

The taxpayer's signature is required for all returns. If the electronic return originator (ERO) changes the electronic return after Form 8879-K has been signed by the taxpayer but before it is transmitted, the taxpayer must complete and sign a corrected Form 8879-K.