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Request By:

Ms. Gayla Peach
107 Oaklawn Drive
Frankfort, Kentucky 40601

Opinion

Opinion By: David L. Armstrong, Attorney General; Joe Johnson, Assistant Attorney General

In response to your letter to this office dated March 22, 1984, you ask whether the Kentucky PVA was justified in levying ad valorem taxes on trucks and trailers stored in Kentucky from mid-November until mid-March. You state that the motor vehicles are licensed in Kentucky.

KRS 132.227 states as follows:

The taxable situs of a motor vehicle is presumed to be the county of registration as of the assessment date.

The Kentucky case law is that property must have actual situs within the taxing unit or some legal nexus such as domicile to tie it to a taxing unit.

Board of Education of Catlettsburg v. Ashland Oil Refining Company, Ky., 350 S.W.2d 477 (1961).

While the presumption referred to in KRS 132.227 is a rebuttable one, clear and convincing evidence must be presented to the PVA that the taxable situs is other than the county of registration.

If we can provide additional information, please let us know.

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:
1984 Ky. AG LEXIS 258
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