Instructions 2012 Kentucky Corporation Income Tax And Llet Return - 2012

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720
41A720(I) (11-12)
Commonwealth of Kentucky
DEPARTMENT OF REVENUE
INSTRUCTIONS
2012 KENTUCKY CORPORATION INCOME
TAX AND LLET RETURN
HOW TO OBTAIN FORMS AND INSTRUCTIONS
PURPOSE OF INSTRUCTIONS
These instructions have been designed for corporations, other
Forms and instructions are available at all Kentucky Taxpayer
Service Centers (page 15). They may also be obtained by writing
than S corporations, which are required by law to file a Kentucky
Corporation Income Tax and LLET Return. Any corporation
FORMS, Department of Revenue, 501 High Street, Frankfort,
KY 40601-2103, or by calling (502) 564–3658. Forms can be
electing S corporation treatment in accordance with Sections
1361(a) and 1362(a) of the Internal Revenue Code must use Form
downloaded from
720S and related schedules (also available from the Department
of Revenue).
Refer to the chart on page 2 to determine what tax form your
business needs to file.
KENTUCKY TAX LAW CHANGES
2012 Regular Session of the General Assembly
HB 441—Provisions effective July 12, 2012
HB 246—Provisions effective July 12, 2012
Limited Cooperative Associations—KRS Chapter 272A was
created to allow an entity to organize as a limited cooperative
Metropolitan College Tax Credit—KRS 141.381 was amended
association. Section 8 of HB 441 provides that for purposes
to extend the expiration date of the Metropolitan College tax
of KRS 141.0401, each limited cooperative association with
credit from April 15, 2013, to April 15, 2017.
investor members shall be treated as a limited liability pass-
through entity, except to the extent of patronage activities
or dividends. A limited cooperative association shall have
HB 341—Provisions effective July 12, 2012
perpetual existence unless the articles of association state a
Statutory Trusts—KRS Chapter 386A was created to allow an
term for the limited cooperative association’s existence, and
entity to organize as a statutory trust or a series statutory trust.
affords its members protection from general liability. Section
Section 5 of HB 341 provides that for purposes of KRS 141.0401,
5 of HB 441 provides that a limited cooperative association
each statutory trust and foreign statutory trust and each series
may be organized for any lawful purpose, whether or not for
of a series statutory trust or a foreign series statutory trust shall
profit.
be treated as a limited liability pass-through entity. A statutory
trust has perpetual existence and affords its beneficial owner
HB 444—Provisions effective for tax years beginning on or
and trustee protection from general liability. A statutory trust
after January 1, 2010
may have one or more series and each series shall be separate
for all purposes including general liability.
Qualified Air Freight Forwarders—KRS 141.121 was amended
to provide that a qualified air freight forwarder’s apportionment
Section 18 of HB 341 provides that a statutory trust may be
factor shall be determined as follows: (i) the property factor
organized for any lawful purpose, except a statutory trust
shall be determined as provided in KRS 141.120(8)(a); (ii) the
may not: (i) have a predominantly donative purpose; or (ii)
payroll factor shall be determined as provided in KRS 141.120(8)
be organized for the purpose of rendering a professional
(b); and (iii) the sales factor shall be determined as provided
service.
in KRS 141.120(8)(c), except freight forwarding revenues shall
be included in the numerator of the sales factor by multiplying
HB 400—Provisions effective July 12, 2012
the freight forwarding revenues by a fraction, the numerator
of which is miles operated in Kentucky by the affiliated airline
Kentucky Job Retention Agreements—KRS 154.25-010 was
of the qualified air freight forwarder and the denominator of
amended to expand eligible companies to include North
which is the total miles operated by the affiliated airline of the
American Industry Classification Codes: 325211, 325510,
qualified air freight forwarder.
326199, 327211, 327212, 327215, 331111, 331221, 331521, 332312,
332813, 33299, 335110, 335911, 335912, 423510, 493110, 541614,
HB 539—Provisions effective July 12, 2012
551114, and 561439. An eligible company must: (i) employ a
Kentucky Industrial Revitalization Act—KRS 154.26-010 was
minimum of one-thousand (1,000) full-time persons engaged
in automobile or automobile parts or supplies manufacturing;
amended to allow a supplemental project during the term of
(ii) have been operating within the Commonwealth on a
a previously approved Kentucky Industrial Revitalization Act
continuous basis for at least five (5) years preceding the request
project. A supplemental project eligible company means an
for approval by the Kentucky Economic Development Finance
approved company that: (i) has expended approved costs of at
Authority of the project which meets the standards set forth
least $50 million on an existing approved Kentucky Industrial
in KRS 154.25-020; and (iii) have been previously approved
Revitalization Act project; and (ii) employs a minimum of
for economic development incentives by the Commonwealth
seven hundred fifty (750) employees at the site of the Kentucky
related to one (1) or more of its facilities.
Industrial Revitalization Act project.
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