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Request By:

Mr. Edsel T. Jones
Attorney at Law
68 South Main Street
Winchester, Kentucky 42391

Opinion

Opinion By: Robert F. Stephens, Attorney General; By William S. Riley, Assistant Attorney General

In your recent letter four questions have been submitted on behalf of the City of Winchester, a third class city operating under the city manager form of government.

(1) If the city imposes a payroll tax on persons employed within the city, is there any requirement that the city must also impose a net profits tax on self-employed persons, businesses and corporations?

Answer: We are enclosing a copy of OAG 76-101 which points out that a city can levy a payroll tax without levying a gross receipts tax or net profits tax.

(2) If the city imposes a payroll tax at a fixed percentage of income, may it impose an occupational license tax at a fixed fee for self-employed persons, businesses and corporations?

Answer: So long as there is a reasonable justification for the classification used the answer is, yes. See OAG 76-101.

(3) If the city imposes a payroll tax a net profits tax at a percentage of income, in both cases may it also impose a minimum fee schedule applicable to those subject to the net profits tax?

Answer: No. This would probably be considered as double taxation.

(4) May the city impose a payroll tax upon persons employed outside the city limits, but upon property to which the city has legal title, subject to a lease, pursuant to an industrial revenue bond issue?

Answer: No. The payroll tax must be imposed upon compensation earned within the corporate limits of the city.

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1977 Ky. AG LEXIS 709
Cites (Untracked):
  • OAG 76-101
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