Wednesday, September 21, 2016

Very Bad News for West Buechel

Going all the way back to West Buechel's original Insurance Premium Tax Ordinance in 1984 and including all available variations and subsequent amendments, both real and imagined (See: West Buechel: The Great Tax Hoax of 2012), NOT A SINGLE ONE states a purpose for the tax imposed.  

If anyone takes the Kentucky Revised Statutes on this subject seriously, it means the City of West Buechel has a big potential problem.

KRS 92.330 requires of Home Rule Class Cities that the purpose for which a tax or license fee is imposed, "shall be specified in the ordinance, and the revenue therefrom shall be expended for no other purpose than that for which the tax was levied or the license fee imposed. Failure to specify the purpose of the tax or license fee shall render the ordinance invalid."   

The size of the problem would be about $1 Million of Insurance Premium Taxes collected over the last five years. Five years is likely the applicable statute of limitations.

Is there a lawyer in the house?


Tom Fox, J. D.
Southern Specialty Law Publishing Company
Louisville, Kentucky

A division of Accountable Kentucky Incorporated
a Kentucky Non-profit corporation

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This is not legal advice and I am not a lawyer.

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