Introduced January 10, 2025
AN ACT relating to the taxation of currency and bullion currency and declaring an emergency.
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.
In effect since March 27, 2025
This act carries an emergency clause, so it took effect as soon as it became law instead of waiting the usual 90 days after the session adjourned (Ky. Constitution § 55).
Plain-language summary
This bill establishes that sales and use tax cannot legally be applied to currency or bullion currency (such as gold and silver coins) in Kentucky. It creates a violation if a state official publishes guidance instructing taxpayers to collect or remit that tax, and it gives taxpayers the right to sue for a refund, plus interest, attorney's fees, and $1,000 per day in damages. The law applies retroactively and took effect immediately upon passage. Who it may affect: Kentuckians who buy or sell currency or bullion, as well as businesses that collect sales tax on those transactions.
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Legislative History
Primary Sponsor
T.J. Roberts
Representative · House District 066
Co-sponsors (27)
Jason Petrie
Representative · House District 016
Adam Bowling
Representative · House District 087
Joshua Branscum
Representative · House District 083
Steve Bratcher
Representative · House District 025
Josh Bray
Representative · House District 071
Josh Calloway
Representative · House District 010
Jennifer Henson Decker
Representative · House District 058
Daniel Elliott
Representative · House District 054
Chris Freeland
Representative · House District 006
Deanna Frazier Gordon
Representative · House District 081
Peyton Griffee
Representative · House District 026
Vanessa Grossl
Representative · House District 088
David Hale
Representative · House District 074
John Hodgson
Representative · House District 036
Kimberly Holloway
Representative · House District 002
Thomas Huff
Representative · House District 049
DJ Johnson
Representative · House District 013
Derek Lewis
Representative · House District 090
Candy Massaroni
Representative · House District 050
David Meade
Representative · House District 080
Suzanne Miles
Representative · House District 007
Kimberly Moser
Representative · House District 064
David Osborne
Representative · House District 059
Marianne Proctor
Representative · House District 060
Felicia Rabourn
Representative · House District 047
Steven Rudy
Representative · House District 001
Wade Williams
Representative · House District 004
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