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KY HB2

KY HB2
AN ACT relating to the taxation of currency and bullion currency and declaring an emergency.


summary

Introduced
01/10/2025
In Committee
03/27/2025
Crossed Over
02/27/2025
Passed
03/14/2025
Dead
Vetoed
03/25/2025
Veto Overridden
03/27/2025
Signed/Enacted/Adopted
03/27/2025

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

Create a new section of KRS Chapter 139 to create a violation when an official notice published by the secretary of the Finance and Administration Cabinet or the commissioner of the Department of Revenue improperly instructs that taxpayers should continue to collect and remit sales and use tax on currency or bullion currency, allow the taxpayer to file an action for refund in Circuit Court, and entitle the taxpayer to interest, injunctive relief, attorney's fees and costs, and liquidated damages of $1,000 for each day that the violation occurred; RETROACTIVE; EMERGENCY.

AI Summary

This bill creates new provisions in Kentucky law regarding the taxation of currency and bullion currency, specifically addressing potential improper tax collection. The bill establishes that any official notice instructing taxpayers to collect sales and use tax on currency or bullion currency after August 1, 2024, is void and unenforceable. Taxpayers who have paid sales or use tax on such currency can now file a refund action in Circuit Court, either individually or as a class action lawsuit. If successful, plaintiffs are entitled to receive not only a tax refund but also prejudgment and post-judgment interest, injunctive relief, reasonable attorney's fees, and liquidated damages of $1,000 per day for each violation. The bill notably waives sovereign and governmental immunity for such claims, meaning government entities can be held liable. Additionally, any individual who directs or causes a violation of these provisions can be personally held liable for damages. The bill is retroactive to August 1, 2024, and takes effect immediately due to an declared emergency, with provisions designed to provide taxpayers with relief from what the legislature appears to consider improper taxation of currency and bullion currency.

Committee Categories

Budget and Finance

Sponsors (28)

Last Action

delivered to Secretary of State (Acts Ch. 100) (on 03/27/2025)

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